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View Diary: CEO who threatened workers if they voted for Obama violated Wisconsin law (208 comments)

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  •  A very similar issue comes up all the time (1+ / 0-)
    Recommended by:
    auron renouille

    during union organizing campaigns.

    NLRB v. Gissel Packing, 395 U.S. 575, 618-619 (1969). “[a] prediction must be carefully phrased on the basis of objective fact to convey an employer’s belief as to demonstrably probable consequences beyond his control. . . . If there is an implication that an employer may or may not take action solely on his own initiative for reasons unrelated to economic necessities and known only to him, the statement is no longer a reasonable prediction based on available facts but a threat of retaliation based on representation and coercion, and as such without the protection of the First Amendment.”

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