EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES – Free Speech
Single Topic for Decision 2387M
Full Decision Text (click on the link to view): Full Text
409.06000 – Free Speech
To fully effectuate the MMBA’s purpose of “promot[ing] full communication between pubic employers and their employees” the employer should be free to speak its mind, without incurring liability for every impulsive act or intemperate remark by one of its managers or representatives. Generally, an employer’s expression or disseminate of views, arguments or opinions shall not constitute, or be evidence of an unfair labor practice unless such expression contains a threat of reprisal, force, or promise of benefit or expresses a preference for one employee organization over another employee organization.