Mr. David Berry Inspector General National Labor Relations Board 1015 Half Street, SE Washington, DC 20570
Dear Inspector General Berry:
A recent complaint filed against Amazon suggests that NLRB personnel are taking an overly aggressive approach to enforcement of the National Labor Relations Act (NLRA) in a manner that is inconsistent with both the Act and Supreme Court precedent. We urge you to investigate what safeguards the agency has in place when filing complaints so that enforcement activity is not converted into frivolous harassment, or worse, outright intimidation, of employers exercising their rights under the Act.
By way of background, Section 8(c) of the NLRA states that regarding employer speech: “The expressing of any views, argument, or opinion, or the dissemination thereof, whether in written, printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under any of the provisions of this Act, if such expression contains no threat of reprisal or force or promise of benefit.” This has long been interpreted as allowing employers broad leeway to communicate their points of view on union issues.
In addition, in the Chamber v. Brown decision, the Supreme Court of the United States found that the restrictions on employer speech advanced by the Wagner Act (and enacted by...
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