The National Labor Relations Board's top prosecutor, Jennifer Abruzzo, poses for a portrait at National Labor Relations Board headquarters in Washington on Monday, June 13, 2022. The NLRB faces a lawsuit from the Texas Public Policy Foundation over its new rule forbidding employers from discussing unions with employees.
That changed recently under a new interpretation of the law by the general counsel of the National Labor Relations Board, which is charged with enforcing the nation’s labor rules. Previously, employers had to speak carefully. Now, they are not allowed to speak at all Under this new guidance, it would be illegal for Rick to tell his employees how much the union boss was making, even though that information was relevant to their decision on whether to unionize.
If the NLRB had consulted with Congress, someone would have told it that this new rule violates the First Amendment. The Supreme Court has been clear that, although they cannot threaten retaliation, employers have the right to talk with their employees about unions. In NLRB v. Gissel Packing, the court held that “an employer’s free speech right to communicate his views to his employees is firmly established and cannot be infringed by a union or the Board.
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