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Labor Unions Soliciting on Company Property

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We have had a union come onto our property to try to get our employees to join it. Is there anything that we can do to stop it?

This can be a tricky situation for employers to manage. Basically, you should know that your employees are allowed to join labor organizations according to the National Labor Relations Act (NLRA) as long as your company makes more than $500,000 if it is in the retail industry and $50,000 if it is another type of business.  The NLRA is a federal Act that applies to companies across the U.S., regardless of what state they are in (as long as the state allows labor unions) and, as part of the Act, your employees should be allowed to join labor organizations if they want.

Now, when it comes to labor unions actually soliciting for members on your company grounds, you do have some options. While the NLRA does guarantee employees the right to organize into labor unions, the employers may regulate when and where the solicitation can take place. For example, as an employer, you can tell your employees that they can only meet with organizers during their breaks or lunch hours. Or, you may even create a policy that prohibits labor unions from organizing on company grounds altogether.

Keep in mind, however, that if you prohibit labor unions from organizing on company grounds by creating a no-solicitation policy, then you will have to apply this policy across the board against all solicitations. If there are organizations that are allowed to solicit on company grounds and on company time (such as non-profit organizations), then your company could be in trouble for discrimination.

As an employer, you must also keep in mind that you may not discriminate against employees that wish to engage in activities with a labor union or labor organization. You may also not threaten, coerce, or interfere with the rights of these individuals or organizations. Make sure that when you address issues related to employees and labor unions, you are always fair and that you do not interfere with their rights. If you do interfere, then you may be in violation of the terms of the NLRA.