The 5th Circuit Court of Appeals ruled that employers may remove union flyers from break rooms if doing so is part of consistently enforced housekeeping and solicitation policies. The decision in Apple Inc. v. NLRB overturned a prior board ruling and also found no violation in a manager’s brief discussion with an employee about unionization.

While the ruling applies directly in Texas, Louisiana, and Mississippi, it signals how courts may view neutral workplace policies in union settings. OMA Connections Partner Fisher Phillips recommends that manufacturers review their solicitation and housekeeping rules to ensure they are applied evenly and documented clearly. 9/3/2025