Buy Cheap Here,a discount retail store,is located in a strip mall in a metropolitan area.Buy Cheap Here owns the parking lot that is used by Buy Cheap Here and twelve smaller stores.A national union wanted to organize employees of Buy Cheap Here.After other efforts at organization were unsuccessful,nonemployee union organizers entered the parking lot and began placing handbills supporting the union on windshields of cars parked in the employee section of the parking lot.Management of Buy Cheap Here removed the handbills and required that the union organizers leave the parking lot.Which of the following is true?
A) Buy Cheap Here was entitled to prohibit union organizers from distributing leaflets in the parking lot.
B) Buy Cheap Here was not entitled to prevent union organizers from distributing leaflets in the parking lot, but only because it was a common lot used by employees of other businesses.
C) Buy Cheap Here was not entitled to prevent union organizers from distributing leaflets in the parking lot, because distributing leaflets only is not considered solicitation.
D) Buy Cheap Here was not entitled to prevent union organizers from distributing leaflets in the parking lot, because the union could prove that other efforts at organization had been unsuccessful.
E) Buy Cheap Here was entitled to prohibit union organizers from distributing leaflets in the parking lot, but only if it could show that a substantial number of employees had requested that the union stop efforts to contact them.
Correct Answer:
Verified
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