Many employers believe they can control who is allowed to come into their workplace to speak with employees, but solicitation and distribution rules under the National Labor Relations Act require consistency. If Company ABC allows outside vendors to set up tables inside the building, such as a bank promoting direct deposit accounts, a retailer like Costco or a Sports Center offering employee memberships, or a benefits provider sharing services, those activities are considered employer-permitted solicitation. Once an employer opens the door to non-employee solicitation on company property, the rules change.

Under the NLRA, employers may not discriminate against union activity. This means that if non-union third parties are permitted to solicit employees in non-work areas during non-work time, the employer generally must extend the same opportunity to unions. Denying unions access while allowing other outside organizations can be viewed as discriminatory enforcement of a solicitation and distribution policy, even if the employer believes the vendors are “helpful” and unions are “disruptive.”

The consequences of inconsistent enforcement can be serious. Employers who allow vendors but block unions risk unfair labor practice charges, NLRB investigations, and potential remedial orders. These outcomes can include being required to grant union access, post notices acknowledging violations, or defend costly legal claims. What often surprises leadership is that intent does not matter, good intentions or a desire to avoid union activity do not excuse discriminatory application of workplace policies.

If an organization does not want unions soliciting inside the building, the safest approach is consistency. Employers may adopt a neutral, uniformly enforced policy that restricts all non-employee solicitation on company property, regardless of who is doing the soliciting. HR plays a critical role here by auditing solicitation and distribution policies, reviewing past practices, and ensuring that what is written aligns with what is actually happening inside the workplace.

To deepen understanding of labor relations, and union activity, this topic is covered in much greater detail in my 2 Day Labor Relations and Employee Engagement Certificate Program. This program is designed for HR professionals, managers, and leaders who need practical, compliant strategies for working effectively in unionized and non union environments.

Participants learn how to apply solicitation and distribution rules correctly, strengthen employee engagement, communicate consistently, and reduce legal risk while maintaining positive labor relationships. The program combines real world scenarios, legal guidance, and strategic HR practices that can be immediately applied in the workplace.

Elga Lejarza

Founder & CEO

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