Employee Activity on Company Property Under NLRA

While employees have the right to discuss work issues and union issues with their co-employees and to distribute leaflets and pamphlets talking about unions, these rights can be limited when the employees are on company property. As a general rule, employers can prohibit discussions during working time, that is, during those periods of the workday when employees are required to work. Thus an employer could prohibit discussions while employees are working at their machines, but could not prohibit discussion while employees are taking their rest breaks or lunch break. As for the distribution of literature, employers are allowed to prohibit it during working time and in work areas at all times. Thus, employees can be prohibited from passing out leaflets on the shop floor but not in the lunchroom.