Labor Board: Executive’s Comments Did Not Unlawfully Create the Impression of Surveillance

While employers enjoy broad free speech rights when it comes to expressing their views on union organizing to their employees, there are some important limitations. Specifically, employers generally cannot threaten employees, interrogate employees about union views or efforts, make promises, or spy on workers’ unionization activities. Companies also may not “create the impression” they are engaged in surveillance of their employees’ organizing efforts. All such conduct violates the National Labor Relations Act (NLRA) and can negatively affect union election results or result in other penalties.