6. How should the NLRB rule? 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 Jackson 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 signatures. 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.