NLRB Broadens Definition of Solicitation – Reaffirms That “Working Time is for Work”

On May 29, 2020, the National Labor Relations Board (“NLRB”) issued a precedent changing decision regarding the rights of employees to “solicit” union support during working hours. Previously, the NLRB had required that in order to constitute union solicitation, the solicitor’s conduct must include the contemporaneous tender of a union authorization card. The NLRB’s May 29, 2020 decision considerably broadens this definition.

The NLRB explained that “solicitation for or against a union also encompasses the act of encouraging employees to vote for or against union representation. Such conduct constitutes union solicitation because the employee is selling or promoting the services of the union (or urging employees to reject those services).” The NLRB supported its conclusions by harking back to a 1943 decision holding that “working time is for work.”

The NLRB’s decision is Wynn Las Vegas, LLC and Kelu P. May and Kanie Kastroll. A link to the decision can be found by clicking here.