Tuesday, November 23, 2004

Charging the Incorrect Target

PrestoPundit points to Hugh Hewitt’s charge against Target for disallowing Salvation Army bell ringers and their kettles.

Memo to Hugh, you should be attacking the National Labor Relations Board, and unions.

"Generally, an employer that enforces otherwise lawful no-solicitation/no-distribution rules against union solicitation, while permitting other similar kinds of solicitation activities, violates Section 8(a)(1) of the Act. However, an employer may lawfully permit a small number of isolated beneficent acts as exceptions to a valid no-solicitation/no-distribution rule.1 In determining whether certain beneficent acts fall within this exception, the Board evaluates the “quantum of . . . incidents” involved.2 Although the Board has not defined the exact number of incidents necessary to find unlawful discrimination, it has found that three incidents of employer condonation of charitable solicitation was permitted.3 On the other hand, the Board has found discriminatory enforcement of otherwise valid no-solicitation/no-distribution rules where the incidents of charitable solicitation occurred frequently and/or for an extended duration of time.4"

Link to NLRB memo via The Corner.

Posted by John Venlet on 11/23 at 12:36 PM
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