Premium
NLRB Adds New Tests to Determine Whether Employer's Enforcement of No‐Solicitation Policy Was Lawful
Publication year - 2015
Publication title -
management report for nonunion organizations
Language(s) - English
Resource type - Journals
eISSN - 1530-8286
pISSN - 0745-4880
DOI - 10.1002/mare.30033
Subject(s) - authorization , conversation , enforcement , work (physics) , business , supervisor , law , political science , psychology , computer security , engineering , computer science , mechanical engineering , communication
In the midst of a prolonged union organizing drive, a supervisor for Conagra Foods gave a verbal warning to an employee, Haines, who had told two other employees where they could find union authorization cards. The conversation had occurred during the work time of all three employees. Because the employee did not have the cards with her and the break in the work time for this conversation was only for a few seconds, the majority of a Board panel held that the discipline was unlawful, even though the company had a lawful no‐solicitation policy that prohibited soliciting during work time ( Conagra Foods, Inc. , 361 NLRB No. 113 (2014)).