Industrial Relations Law Journal
The National Labor Relations Board frequently interviews or subpoenas employees to help determine whether an employer has committed an unfair labor practice. Many employers, however, have advised their employees that they may refuse to cooperate with the Board's efforts. Professor Teeter argues that such advice has an inherent tendency to coerce employees and to frustrate the Board's vindication of their statutory rights. After reviewing the inconsistent approaches tribunals have taken to this problem, the author recommends that employers be prohibited from counseling employees regarding their participation in the Board's proceedings. Professor Teeter concludes that the Board itself should be the one to inform employees of their rights and obligations in cases against the employer.
John W. Teeter, Jr., Inadvisable Advice: Limits on Employers' Counseling of Employees with Regard to Unfair Labor Practice Proceedings, 12 Indus. Rel. L.J. 292 (1990).