Nightmare on Half Street? Free Speech and the NLRB

Is the National Labor Relations Board doing more than any other federal agency to impose broad restrictions on non-coercive speech, based exclusively on whether the speaker is an employer? Under other statutes, speech prohibitions require evidence of actual threats, unlawful retaliation or potential injury to health and safety, and the National Labor Relations Act expressly protects the right to express “views,” “argument” and “opinion” unless the message “contains” an illegal threat or promise. The NLRB General Counsel is prosecuting numerous complaints claiming it is “inherently” coercive and “per se” unlawful for employers to address certain subjects in the workplace. This session will involve diverse views about important questions: Where do these cases leave the First Amendment? Does commerce regulation override the First Amendment? Does the NLRB have authority to prohibit workplace discussions by employers regarding certain subjects? And what role exists in this critical area for the courts? Featuring: Hon. Philip A. Miscimarra, Partner, Morgan, Lewis & Bockius LLP Craig Becker, General Counsel, American Federation of Labor–Congress of Industrial Organizations Moderator: Hon. Chad A. Readler, United States Court of Appeals, Sixth Circuit