The NLRB Continues to Regulate Employers’ Speech

The NLRB continues to regulate employers’ speech…

The National Labor Relations Board (NLRB) is seeking to clamp down on CEO speech that’s deemed threatening to union supporters, ruling that in 2022 former Starbucks CEO Howard Schultz violated the National Labor Relations Act (NLRA) by telling a pro-union worker that she could go work somewhere else if she was unhappy at Starbucks.  The board said that Schultz’s statement was an unlawful, coercive threat. Additionally, in a case last year regarding comments made by Amazon CEO Andy Jassy, the NLRB found the Jassy’s conduct was an “extreme infringement” of the NLRA. The comments included a statement that Amazon thinks employees are better off not unionizing for several reasons and then Jassy detailed the reasons. Calling this a violation is a stretch in my opinion. Section 8(c) of the NLRA, which gives management broad leeway to state opinions about how they prefer to work with employees, provides that expressing any views, arguments, or opinions should not constitute an unfair labor practice if such expression contains no threat of reprisal or force and no promise of benefit. As such, not only has the NLRB expanded the scope of what would be considered protected activity under section 7 of the NLRA (employees right to engage in concerted activity and to discuss the terms and conditions of employment …) But now the NLRB seeks to narrow management rights. Unfortunately, these rulings have a broad and more detrimental impact on operations because regulatory agencies, including the NLRA and the DOL, are impinging upon management’s ability to manage certain business operations and employee conduct in effort to protect employee’s right to collectively bargain. The scales have been tipped too far.  

Takeaway for employers, be sure that your managers and supervisors and other company folks who can create vicarious liability for the company understand what they can and cannot say by providing adequate, up to date, and continual training about the seemingly ever-changing world of the NLRA. Additionally, if you need assistance navigating what can be said or done under these circumstances reach out to Tanzi at T.cannon@GCbyCannon.com. More information can be found at www.GCbyCannon.com. 

This material is provided for informational purposes only. It is not intended to constitute legal advice, nor does it create a client-lawyer relationship between General Counsel by Cannon and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. 

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