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rather than prohibiting simply talking about the Union. custom name minnesota vikings baseball shirt Since the judge correctly found that the employees did not engage in solicitation in violation of the rule,

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on the windshields of cars parked in the employees’ part of the parking lot. After Lechmere denied the organizers access to the lot, they distributed handbills and picketed from the grassy strip. custom name minnesota vikings baseball shirt In addition, they were able to contact directly some 20% of the employees. The union filed an unfair labor practice charge with respondent National Labor Relations Board , alleging that Lechmere had violated the NLRA by barring the organizers from its property. An Administrative Law Judge ruled in the union’s favor, recommending that Lechmere, inter alia, be ordered to cease and desist from barring the organizers from the parking lot. The Board affirmed, relying on its ruling in Jean Country, 291 N. L. R. B. 11, that in all access cases the Board should balance the

degree of impairment of the § 7 right if access is denied, against the degree of impairment of the private property right if access is granted, taking into consideration the availability of reasonably effective alternative means of exercising the § 7 right. Id., at 14. The Court of Appeals enforced the Board’s order. As set forth above, Board law is clear that an employer cannot prohibit employees from simply talking about a union, if it allows talking about other subjects. Despite the fact that the General Counsel has not challenged the “promoting” a cause portion of the rule as being overbroad in violation of Section 8, it is improper, in my view, to allow the Respondent to enforce an otherwise clearly unlawful prohibition based on such highly ambiguous language. Rather than reach such a result, I would simply read the Respondent’s rule narrowly, as prohibiting solicitation,