EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES – Free Speech

Single Topic for Decision 1341E

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An employer has the right to express its views on employment related matters over which it has legitimate concerns in order to facilitate full and knowledgeable debate. However, the right of employer speech is not unlimited, and speech which contains a threat of reprisal or force or promise of benefit will be perceived as a means of violating the Act and will, therefore, lose its protection. In the instant case, repeated statements by a supervisor to his subordinates that they would be better off with one competing organization rather than another were clearly improper. However, in light of the small number of employees to whom the statements were addressed, and the fact that two of those employees were activists of the disparaged competing organization throughout the campaign, the Board determined that the probable impact of supervisor's statements was minimal and insufficient to warrant setting aside the election.