"Equal Time" for Union Organizers

March 18, 2016

Over the last thirty years or so, the so-called “equal time” proposal has been a part of virtually every major effort made by organized labor and its advocates to amend the National Labor Relations Act and/or the Act’s regulatory scheme.  The idea is a simple one – if an employer exercises its right to give a “captive audience” speech on its property to employees containing the message that they should cast a “no” vote against union representation in an upcoming NLRB election, then union organizers must be allowed “equal time”, that is an opportunity to enter the employer’s premises and address employees with a pro-union message in a comparable setting and for a comparable period of time.

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