Employer’s Campaign Prediction That Employees Would Have To Join Union And Pay Dues As Condition Of Employment Not Coercive, NLRB Majority Rules

The NLRB currently is churning out cases and Advice Memoranda at a fairly regular pace.  We recently discussed NLRB decisions addressing information requests, handbook statements, and confidential informants. An interesting area of NLRB case law concerns campaign statements,–statements made by employer representatives during an organizing campaign.  When there is an allegation of wrongdoing, the Board evaluates such employer statements on two levels:  whether they are unlawful (in which case they constitute an unfair labor practice) or “objectionable” in which case they do not necessarily violate the law, but are of such a nature that they had a tendency to interfere with employee free choice during the election.  Both types of statements can overturn an election win for an employer.  An unlawful statement must be remedied before an election is rerun, usually by a public notice posting.  An objectionable statement…

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