Johnson & Johnson said in its complaint that it notified Guidant in early January that it believed Guidant had violated the "no solicitation" clause in their agreement and had followed up with a written warning in a letter Jan . 23
MHPs operate as private businesses in South Florida and almost universally post "no solicitation" signs at their entrances.
In recent days, the UFCW has filed numerous charges with the National Labor Relations Board accusing the company of "unlawful denial of access to the store, unlawful dress code policy, unlawful no solicitation policy, unlawful use of social media policy as well as threats, interrogation and surveillance," according to the union press release.
The retailer, based in Minneapolis, has a no-solicitation policy, but has allowed Salvation Army appeals in the holiday season.
In September, the Justice Department settled another suit over similar no-solicitation agreements involving Adobe Systems, Apple, Google, Intel, Intuit and Pixar.
He couldn't tap Cambridge Technology for workers because of a no-solicitation agreement.
It fired a waitress and a waiter for "talking union" to other employees on the job in violation of a "no-solicitation rule" during work hours.
The trick here was to say that the work-day solicitations that had been allowed on the premises by RCA in the past -- which Bork grudgingly conceded "violated the terms of the employer's no-solicitation rule" -- were really no big deal at all.
In other words, Bork changed the law to say that pro-union workers could be fired for violating a no-solicitation rule at work, even if it is discriminatorily applied against them, so long as the employer is allowing only solicitations that it believes will increase "employee morale and cohesion".
Bork's conservative colleague, Judge MacKinnon, was so convinced that the case presented a company's disparate enforcement of a no-solicitation rule that he dissented and castigated Bork for his opinion: "Despite the clarity of the controlling law," Judge MacKinnon wrote, " the majority opinion ignores it and trenches on important policymaking prerogatives of the National Labor Relations Board".
