Both employers and unions engage in multiple different types of speech in the context of union organizing. To balance free-speech protections with the goal of ensuring fair union elections, NLRA § 8(c) states that speech is lawful unless it contains:

• a threat of reprisal or force, or
• the promise of a benefit.

29 U.S.C. § 158(c).

I. Threats

The NLRA prohibits coercive or threatening speech. Here are some examples.

A union was attempting to organize an automobile manufacturer’s workforce. Maria, the...