Do the oral or written statements made by employer representatives during a representation election campaign contain any unlawful threats or implied promises of benefit in violation of Section 8(a)(1) of the LMRA? In early June, the union filed a petition with the NLRB requesting a representation election be held in a bargaining unit comprising 880 employees of the Jack-son Equipment Company (the employer). The employer had previously rejected the union ' s request for voluntary recognition. The union's election petition was supported by 426 (52 percent) valid union authorization card sig-natures. There were 880 employees declared eligible to vote in the election, which the union lost by a vote of 391 for to 489 (55.5 percent) against union representation. The union filed several objections to the employer's conduct during the election. The union charged that the employer's statements made during the election campaign threatened that if the union won the election, the employees' benefits would be reduced. Such a threat tends to discourage employees from freely exercising their Section 7 rights under the act. The employer contended that these statements were merely a factual response to union's promises to increase employees ' wages. The employer cited 22 out of 33 leaflets distributed by the union that referred to improved employee benefits at some unionized plants. Here are the employer ' s statements: Neither the Company nor the Union can predict what will be in the contract. Your wages and benefits could turn out to be higher, lower, or the same as they are ... .I ' m sure the Union will try to tell you there is some sort of law that will prevent the Company from negotiating for anything less than you now receive. That statement is simply not based on facts. I 've given your supervisors copies of a decision in which the court upheld the Employer ' s right to inform his employees that he may not even have to agree to the continuance of existing wages and benefits. These facts may seem harsh, but I think it ' s important that you know the truth about the collective-bargaining process before you vote. Remember, bargaining means putting everything on the table, including the benefits you already have. Bargaining with a union can be a complicated and time-consuming process during which the Union and the Company negotiate to get an agreement that Company negotiate to get an agreement that both sides are satisfied with. And bargaining starts from scratch, which means that everything is negotiable. As I have told you, we would bargain in good faith. But, I would not sign a contract that I did not believe was in this plant ' s best interest. Sometimes, when a company takes this position, the Union tries to force a settlement. This usually leads to a breakdown in bargaining and can result in a strike - Which hurts everyone..................................
Should the NLRB give consideration to its "Totality of Conduct" doctrine in reaching a conclusion about alleged violations in this case? Explain your answer.