Labor Board Tightens Limits on What Employers Can Say During Unionization Efforts

Published on November 9, 2024

The National Labor Relations Board (NLRB) issued a decision on Nov. 8 overturning a 40-year-old precedent that had allowed employers wide latitude in discussing how unionization might affect individual relationships between employees and management. The case involved Starbucks Corporation and Workers United, affiliated with the Service Employees International Union. The NLRB reversed the 1985 Tri-Cast, Inc. decision, which had generally deemed employer statements about the impact of unionization on individual employee relationships as lawful. This new approach aligns with a 1969 Supreme Court ruling in NLRB v. Gissel Packing Co., which states that employers can express their views about unionization as long as their statements are based on objective facts and do not contain threats or promises....

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