Hypothetical Description Does Not Warrant New Election Says NLRB
A labor consultant who described a hypothetical employer’s ability to stall negotiations did not engage in objectionable conduct in a union representation election, a divided National Labor Relations Board rules. The union lost the election and alleged that the statements was in effect a threat by the employer that electing the union would be futile. The Board majority finds that an employer may explain the advantages and disadvantages of collective bargaining in order to convince employees that they would be better off without a union, and that there was not evidence that the consultant “threatened or suggested that the Employer would engage in the bargaining conduct described in the exercise.” Medieval Knights LLC


