2. If an Employer did not provide bulletin boards at the workplace, would employees have a right to provide and mount their own bulletin boards? The Employer operates a merchandise catalog distribution center in Wichita, Kansas, employing 1,000 workers.

The Union began an organizing campaign among distribution center employees. For many years, the Employer has published an employee handbook that contained the following bulletin board policy:

Bulletin boards are located throughout the Center [distribution center], generally near time clocks. Company announcements, such as policy changes, holiday schedules and Company news of general interest, are posted on these boards. Personal postings are not permitted.

Employees who supported the Union placed printed material on the bulletin boards advertising upcoming Union meetings and soliciting Union support. On discovery, managers removed the union material from the bulletin boards. The Union subsequently filed an unfair labor practice charge, alleging the Employer’s removal of the Union materials from the bulletin board represented unlawful interference with employees’ right to solicit for the purpose of organizing a Union under the LMRA.