Section 8(c) of the National Labor Relations Act: Giving It Meaning

Section 8(c)1 of the National Labor Relations Act provides that an employer's communication with its employees "shall not constitute or be evidence of an unfair labor practice as long as the communications do not contain threats of reprisals, threats of force, or promises of benefits. In a long series of cases, the National Labor Relations Board has undermined the express language of Section 8(c) and the intent of Congress, both in the substantive content of its decisions and in the manner in which it has rendered those decisions.