Andrew Strom is the Legal and Policy Director for the American Guild of Musical Artists (AGMA), and has been contributing to OnLabor since 2014. The views he expresses on this blog are his personal opinions and should not be attributed to AGMA.
According to the sworn testimony of former FBI Director James Comey, President Trump pulled him into a private meeting in the oval office and said, about the FBI’s ongoing investigation of former national security advisor Michael Flynn, “I hope you can let this go.” One question raised by the testimony is whether it was reasonable for Comey to interpret President Trump’s statement as a directive. While labor law does not have a direct answer, the National Labor Relations Board has held that when a company president expresses his “hope” to a worker, it can be coercive.
In a 1995 case, KNTV, Inc., the company president had a private meeting with a reporter where the president told the reporter, “I hope you won’t continue to be an agitator or antagonize the people in the newsroom.” The NLRB found that the statement was coercive in large part because it was made by the company’s highest ranking official and it was made in a meeting that the reporter was required to attend alone. Sound familiar?
In other words, the expert agency that regularly adjudicates disputes about whether particular statements by an employer rise to the level of coercion has held that when the president of an organization expresses his “hopes” in a private conversation with a worker, those comments will likely have a “chilling effect” on the employee.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
October 1
Senate confirms Keith Sonderling as Labor Secretary; Amazon warehouse workers launch an unfair labor practice strike.
September 30
Harvard grad union wins in First Circuit; AI data trainers initiate misclassification suits; Trader Joe’s found liable under ERISA.
September 29
Unions, AI companies, and private equity firms form a new coalition to shape data center policies; unions express support for the Paramount-Warner Bros. merger.
September 28
The Protect College Sports Act nears passage in the Senate; San Francisco municipal workers agree to contract extensions.
September 27
The Trump Administration reaches a settlement with federal unions on reduction in force actions; the United Auto Workers file an en banc petition seeking review of a Second Circuit decision regarding labor arbitrations.
September 25
Healthcare workers rally to restore legal status for TPS holders; nurses at a Maine hospital overwhelmingly vote to form their union despite alleged aggressive union busting tactics.