Almost inevitably during an election campaign, a union will publish a flyer or other communication that makes false or outlandish claims to which management may feel compelled to respond. Such responses, in and of themselves, can be lawful. Further, they are frequently strategically necessary. While an employer should not place themselves in a position of continuously playing defense, sometimes a direct response to a union campaign piece is an essential campaign strategy.
A Fri, study studied this question.
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