Coercive statement by an employer refers to when employers illegally attempt to pressure employees to not participate in union activities. Under the National Labor Relations Act (NLRA), an employer may not make any coercive statement that involves threats to the employee. Freedom of speech protects an employers’ ability to make arguments to their employees against joining a union, but in doing so, the employer cannot include any hints of reprisals against the employee. The line between acceptable coercion and a wrongful threatening coercion can be difficult to distinguish. For example, an employer may point out an objective fact like that the workplace may become less cooperative as a result of the unionization, but the employer may not threaten to make the workplace less cooperative or pleasant if the employees unionize.
There are other federal and state laws that may prevent coercive statements by an employer. For example, employers generally may not make coercive statements involving reprisals towards employees in order to persuade them to support a specific political candidate.
See: 29 U.S. Code § 158 - Unfair Labor Practices
[Last updated in May of 2023 by the Wex Definitions Team]
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