The workers have spoken. The majority of Guild staff want to be union. In the coming days we must reach out to all those who have yet to sign the petition for recognition. Every signature will make the union stronger once we enter negotiations with management.
Unfortunately, some of us may be feeling added pressure to refrain from union talk and activity at the Guild, especially in the presence of management or coworkers who oppose unionizing. We have taken pains to ensure our activity does not interfere with Guild business and we must continue to be sensitive and respectful of our colleagues who may disagree with us. However, we must not be afraid to engage in protected activity. The following submission should help allay our fears.
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A summary of the NLRB position on solicitation and non-solicitation policies:
An employer may adopt a policy prohibiting solicitation and distribution of literature during working time and in work areas so long as the rule is (a) unambiguous with regard to the definitions of work time and work areas, (b) promulgated in advance of organizing activities, (c) not applied for the first time to known union adherent, and (d) uniformly applied to union and nonunion solicitations. The NLRB is currently considering the scope of the application of Non-solicitation policies to an employer’s e-mail system.
http://www.paemploymentlawblog.com/2007/10/articles/unions-1/national-labor-relations-act-nlra-five-things-every-hr-generalist-should-know/
http://www.nlrb.gov/shared_files/Board%20Decisions/254/254-172.pdf
http://www.ll.georgetown.edu/Federal/judicial/dc/opinions/01opinions/01-1433a.pdf
1 comment:
Wow, the law seems pretty straightforward...
Our employer cannot adopt such a prohibitive policy based on their own ambiguous definitions, their decision to promote this policy during an organizing drive, applying this policy for the 1st time to a union supporter, and of course not applying the policy in a uniform fashion (what about all those Birthday celebrations?).
But, we should not let it slow us down. Let's continue to gather those few signatures and get recognition!
You can't scare me I'm sticking to the Union!
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