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Thursday, October 1, 2026

NLRB Attack On Free Speech At Odds with the Supreme Court - uschamber.com

Senior Vice President, Employment Policy Division, U.S. Chamber of Commerce

On October 26, the National Labor Relations Board (NLRB) filed an unfair labor practice charge against the CEO of Amazon. In interviews earlier this year, Andy Jassy suggested that workers should have “direct connections with their managers,” instead of through an intermediary like a union, and that workers might be better off “without a union.”

However, these remarks are hardly controversial.

In fact, this type of speech is specifically protected by Section 8(c) of the National Labor Relations Act (NLRA), which states: “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.” Not to be forgotten, there’s also free speech protections guaranteed by the First Amendment.

It’s hardly surprising to see the agency file a charge here. There has been a concerted attack on employer free speech underway at the NLRB, and the October 26 charges are just the latest salvo.

Consider an April memo issued by the NLRB’s General Counsel (GC) relating to meetings held by businesses to share their views on unions. In it, the GC argues that such meetings are “inherently”...



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