The traditional “rule of solicitation” is that it was a violation of the NLRA for an employer to maintain overly broad rules restricting employee solicitations of fellow employees or the distribution of written materials. The rule on solicitation was issued, by the U.S. Supreme Court in 1945. The rule grants workers the right to speak with other workers about union and concerted activities during non-work time in either work or non-work areas.
2.) Why is it important whether e-mail is considered "solicitation" or "distribution"? May either of these forms of communication be banned in the work area?