EMPLOYER DETERRENCE OR DISCOURAGEMENT – In General; Standards

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PEDD bars all employer communications and conduct tending to influence certain employee decisions—including the decision whether to unionize—unless the employer narrowly tailors its conduct to a business necessity while minimizing the tendency to influence employee free choice as much as possible. The protection is more robust than the pre-existing protection against employer interference, as it prohibits most employer influence even if the employer refrains from threatening reprisals or force, or from promising a benefit. (p. 53.)