Hospital Wrongly Barred Off‐Duty Workers From Soliciting on Nonworking Time

A hospital's solicitation and distribution policy was unlawful because it prohibited off‐duty employees, who were permitted on the employer's property, from engaging in Section 7 activities, according to a recent National Labor Relations Board decision. The employer had granted off‐duty employees access to its cafeteria; the Board said it was not permissible to at the same time prohibit them from soliciting other employees in the cafeteria who were on nonworking time. The Board further agreed with an administrative law judge that the employer's unwritten rule prohibiting employees from leaving nonwork‐related materials in nonworking areas was overbroad ( UPMC, UPMC Presbyterian Shadyside dba UPMC Presbyterian Hospital , August 6, 2018).