Violating the nonsolicitation policy

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A store had the following nonsolicitation policy: "Associates may not engage in solicitation . . . during working time." An employee of the store came in while off duty wearing a T-shirt that said "Union Teamsters" on the front and "Sign a card . . . Ask me how!" on the back. A manager on duty had the employee removed from the store for engaging in solicitation. The next day while on duty, the employee invited two other employees to attend a union meeting. The em- ployee also said that he would like one of the employees "to consider signing a union authori- zation card." The employee was given a "coaching session" for violating the nonsolicitation policy. The union filed a ULP charge. What should the Board decide? Why? (Wal-Mart Stores v. NLRB, 400 F.3d 1093 (8th Cir. 2005))

Reference no: EM131006905

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