The opinion
JONES, Circuit Judge
(dissenting in part).
By the opinion of the majority it is held that, although the employer may forbid union solicitation of one employee by another on working time in a work area, the employer cannot prohibit what is called “simple exchange of information” among employees. How a determination is to be made and by whom it is to be made as to what is solicitation and what is simple exchange of information is not indicated. Since, as is stated, the employer “may expect full and undiverted attention to its affairs while the employee is actively at the post of his duties,” it seems to me that the employer should be permitted to forbid union activity by its employees in working areas during working time whether such activity be called solicitation or be called simple exchange of information.
It does not appear to me that the record calls for the so-called catchall clause and I do not think there should be any enforcement of it. Cf. N.L.R.B. v. Local 926, International Union of Operating Engineers, AFL-CIO, 5 Cir., 1959, 267 F.2d 418 .
On the other matters decided, I am in agreement with the majority.