Sunday, June 28, 2009

Safety and Non-solicitation Rules

NLRB Back in March (OK, things occasionally slip through the cracks of my email box), an NLRB administrative law judge issued an interesting recommended order on, among other things, a university's attempts to restrict union solicitations on campus.  In Nova Southeastern University, the university applied against union solicitations (targeting the employees of a private janitorial and landscaping company) the following rule:  "No solicitation is allowed on an NSU campus or facility without the permission of the NSU Executive Administration."

The ALJ found that the rule was overly broad, as it application to university employees violates Republic Aviation et al.  The judge also rejected the university's novel argument that the special security needs of a university warranted extra restrictions on solicitations (it even cited Virginia Tech), noting that the university cited no risks that hadn't also happened to many other types of businesses.

I would've been a bit worried about the future of this case under the previous Board, but I imagine that this one is pretty safe.


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