2. Would the Employer’s no-solicitation policy prohibit the two nonemployee union organizers from entering the hospital’s property anywhere at any time? In October, the Union began an organizing drive involving nursing personnel employed at the Medco Hospital (the Employer).

In November, Medco’s management revised a portion of the existing no-solicitation and distribution policy to read as follows: ‘‘Visitors, patients and other nonemployees may not solicit or distribute literature on any hospital property for any purpose at any time.’’

The hospital operates a cafeteria that is open to serve employees, patients, and the general public.

On December 4, two (nonemployee) union organizers entered the hospital cafeteria accompanied by some off-duty nursing employees. The off-duty nursing employees proceeded to distribute union literature provided to them by the two union organizers.

The two union organizers did not personally hand out any union literature or attempt to solicit any employees to sign a union authorization card.

The two union organizers did remain seated in the cafeteria for approximately five hours and answered questions about the Union initiated by interested employees. Sitting on the table where the two

(nonemployee) union organizers were seated was an open box containing union literature.