Too Much Bourbon Results in Election Being Set Aside

Abstract

Many employers facing a union election are inclined to give some sort of benefit—or promise of a benefit—to sway voter opinions. Some actions clearly overstep the line of lawfulness. For example, an employer cannot suddenly give employees a 20% wage increase on the eve of an election to win over their votes. The question becomes, however, how much of a promise is too much? When will an employer cross that line? As recently discussed in Brown-Forman Corporation, 373 NLRB No. 145 (2024), the line is closer than many employers may think.