EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Employer Statements or Conduct; Threats
Single Topic for Decision 2584E
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504.12000 – Employer Statements or Conduct; Threats
An employer’s clear and unequivocal hostility to collective bargaining, even if accomplished without threats of reprisal or promises of benefit, gives rise to a logical inference that it might target union supporters for adverse action. In any event, criticism of protected solicitation of union support and membership as possibly illegal, a breach of “trust,” and involving “lies” and “trick[s],” sailed well outside the safe harbor for protected employer speech.