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Expert Analysis

NLRB In ConAgra Ruling Signals What May Be Solicitation

Law360, New York (January 5, 2015, 12:04 PM EST) -- The National Labor Relations Board recently decided that discipline of an employee for violation of the employer's nonsolicitation policy was unlawful, even though the employee engaged in union-related discussion and the discussion prompted another employee to stop working on the production floor during work time. While the NLRB's decision appears to construe the term solicitation so narrowly that an employer's nonsolicitation policy is rendered ineffective, an employer can still enforce its nonsolicitation policy if it applies the policy in accordance with the NLRB's definition of solicitation and in a nondiscriminatory way....

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