Dealing includes the solicitation for business. What level of business interest qualifies as solicitation?
A65. The term “traffic or trade” includes not only financial transactions that have occurred but also the act of soliciting for business. Thus, for example, potential vendors or service providers attempting to win business with a labor organization will be considered to be “dealing” with the labor organization to the same extent as vendors who are already doing business with the labor organization. Potential vendors must engage in the active and direct solicitation of business (other than by mass mail, telephone bank, or mass media). A business that merely passively advertises its services generally and would provide services consumed by, for example, a labor organization would not meet this test. The potential vendor must be actively seeking the commercial relationship. Under certain circumstances, the payment itself will be evidence of the solicitation of business, such as a potential vendor who treats a labor organization official to a golf outing and dinner to discuss the vendor’s
