Author Question: What standards did the Supreme Court set forth for evaluating employer statements to employees ... (Read 73 times)

a0266361136 · **on:** Jun 24, 2018

What standards did the Supreme Court set forth for evaluating employer statements to employees during an organizational campaign?

Question 2

Discuss the free speech differences between a union representation election and the election of a legislator or the enactment of legislation.

jaykayy05 · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

An employer is free to communicate to the employees any of the employer's general views about unionism or any specific views about a particular union so long as the communications do not contain a threat of reprisal or force or promise of benefit Section 8(c). The employer may even make a prediction as to the precise effects the employer believes unionization will have on the company. However, the prediction must be carefully phrased on the basis of objective fact. If the employer gives the impression, even though sincere, that unionization will or may result in the closing of the plant, it is not a statement of fact unless the eventuality of the closing is capable of proof.

Answer to Question 2

Employees are economically dependent on their employers. Because of this dependent relationship, employees are particularly sensitive to rumors of plant closings and take intended implications or hints by employers as coercive threats. Independent voters, on the other hand, may be freer to listen more objectively. Employers as a class have broad freedom to express their views and lobby for their candidates and interests in the election of legislators and the enactment of legislation.