TITLE

THE FREE-SPEECH ISSUE

AUTHOR(S)
Brinker, Paul A.
PUB. DATE
August 1950
SOURCE
Labor Law Journal;Aug50, Vol. 1 Issue 11, p853
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article argues that Section 8(c) of the Taft-Hartley Act changes former judicial principles under the Wagner Act in such a way as to be inmical to the interests of labour unionism. When the Taft-Hartley Act was passed, Section 8(c) specifically guaranteed employers the right of free speech, provided that the statements were noncoercive in nature and did not promise workers anything for refusing to become or remain members of a union. Prior to the passage of the Taft-Hartley Act, but after the Supreme Court decision in the Virginia Electric Co. case, the National Labor Relations Board ruled in the Clark Brothers case that employers could not compel employees to listen to antiunion speeches during working hours. In this case, the company mailed anti-Congress of Industrial Organizations (CIO) leaflets to its employees; inserted paid advertisements hostile to the CIO in the local newspaper; made anti-CIO speeches, which included suggestions of the possibility of job insecurity, through its officials at the plant during working hours, and required its employees to hear the speeches; and distributed anti-CIO statements to the employees on company premises during working hours.
ACCESSION #
9263963

 

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