Regulating Union Propaganda

Abstract

As part of the organizing process, an employer is very likely to run across written union campaign materials. Sometimes these materials are passed out on the sidewalk, and other times they are left behind in a breakroom. Union materials may also be posted on bulletin boards, as was recently the case in an NLRB decision involving Starbucks (Starbucks Corporation, 373 NLRB No. 44 [2024]). The decision serves as a timely reminder that employers are limited in their ability to regulate union propaganda in cases where they already tolerate other similar forms of written communication.