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An employer unlawfully threatened to suspend an employee if he engaged in union solicitation on company property, where the employer had not previously restricted solicitation activities by off-duty employees, ruled the NLRB in a 2-1 decision. The employer, Golub Corp., had no legitimate business reason for an absolute prohibition on solicitation, since there was no evidence that traffic leaving or entering the facility was impeded by the union solicitation activities. Member Cowen dissented ( Golub Corporation, 2002-03 CCH NLRB �16,363). A union organizer and the employee posted themselves on private property outside Golub’s entrance and sought to talk to employees about the union as they entered or exited Golub’s premises. A company official appeared and after a brief discussion with the organizer, the official declared that the employee would be suspended if he crossed on to the employer’s property and attempted to solicit for the union. During the exchange, several drivers refused to stop their cars to speak with the solicitors. Thereafter, the employee stopped soliciting and entered the facility to begin his work shift. The NLRB found that there was no evidence that the employer had a no-access rule restricting the solicitation activities of off-duty employees. Moreover, the employee had previously engaged in solicitation and hand-billing for the union in non-work areas without any intervention by the employer. Thus, the threat to suspend the employee effectively announced a prohibition against any form of solicitation on the employer’s parking lot, regardless of the circumstances. Moreover, the threat was not couched in terms of the employer’s purported concern about traffic congestion.

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