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PHR · Question #23

Your organization has a no-solicitation rule in effect for all employees. How does this rule affect the internal organization of unions?

The correct answer is B. Unions cannot solicit for membership when there's a no-solicitation rule in an organization.. This question tests how a valid no-solicitation rule in an organization affects a union's ability to recruit members on the premises.

Employee and Labor Relations

Question

Your organization has a no-solicitation rule in effect for all employees. How does this rule affect the internal organization of unions?

Options

  • AUnions can only solicit for members with the managements approval, when there's a no-
  • BUnions cannot solicit for membership when there's a no-solicitation rule in an organization.
  • CUnions can solicit for membership with the permission of more than 30 percentof the organization.
  • DUnions are exempted from no-solicitation rules.

How the community answered

(41 responses)
  • A
    2% (1)
  • B
    80% (33)
  • C
    7% (3)
  • D
    10% (4)

Why each option

This question tests how a valid no-solicitation rule in an organization affects a union's ability to recruit members on the premises.

AUnions can only solicit for members with the managements approval, when there's a no-

Management approval is not a recognized mechanism for permitting union solicitation under a valid no-solicitation policy; conditioning union activity on managerial consent would likely violate the NLRA.

BUnions cannot solicit for membership when there's a no-solicitation rule in an organization.Correct

Under the National Labor Relations Act, while employees generally have the right to engage in union organizing, a lawfully applied no-solicitation rule prohibits all solicitation activity on company premises during working time, including union membership solicitation. If the rule is applied consistently and not used to discriminate specifically against union activity, it is enforceable against union solicitation.

CUnions can solicit for membership with the permission of more than 30 percentof the organization.

A 30-percent threshold has no legal basis as an exception to a no-solicitation rule; this figure is relevant only to election petition requirements, not solicitation rights.

DUnions are exempted from no-solicitation rules.

Unions are not categorically exempt from no-solicitation rules; a facially neutral and consistently applied rule binds union solicitation activity just as it does other solicitation.

Concept tested: No-solicitation rules and union organizing rights under NLRA

Source: https://www.nlrb.gov/rights-we-protect/whats-the-law/employers/no-solicitation-no-distribution-rules

Topics

#no-solicitation rule#union organizing#employee rights#NLRA

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