06.23.2025Fourth Circuit Issues Guidance On Employer Speech During Organizing CampaignsA recent Fourth Circuit Court of Appeals three-judge panel enforced part and declined to enforce another part of an NLRB ruling that an employer violated the National Labor Relations Act by telling employees that the union’s claim that it would have a say on pay increases was untrue and blaming the union for the lack of pay raises. The court’s analysis provides important guidance for employers on permissible speech during a union organizing campaign. In brief, the court strongly reaffirmed the free speech rights of employers to oppose unionization so long as the speech is not objectively coercive of Section 7 rights. Garten Trucking v. NLRB (June 2, 2025).
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