Did Sen. Bob Corker violate federal labor law?

Sen. Corker's statements about a union election at the VW plant in Chattanooga, Tenn. raise questions about whether the result will stand.

Storified by AJAMStream· Fri, Feb 14 2014 14:55:10

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Sen. Corker, who was instrumental in bringing VW to Chattanooga as mayor of the city, has vocally opposed unionizing the plant. His statement on Wednesday, however, may have crossed the line from opposition to interference, according to labor law experts.

Many observers pointed out that if the assurances Corker spoke of came directly from VW, it would make the Senator a conduit for the company in attempting to influence the vote outcome, which would be a clear violation of federal labor law.

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The law in question is the 1947 Taft-Hartley Act, which codified an employer's First Amendment right to oppose a union, so long as the company does not attempt to influence workers' decisions by threatening reprisals or offering incentives if they vote one way or the other:

Expression of views without threat of reprisal or force or promise of benefit The expressing of any views, argument, or opinion, or the dissemination thereof, whether in written, printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under any of the provisions of this subchapter, if such expression contains no threat of reprisal or force or promise of benefit.codes.lp.findlaw.com



If the tip came from VW, it would contradict past statements made by the company, which has expressed openness to the possibility of a union in Chattanooga. VW has also said publicly that the unionization vote will have no bearing on the company's decision about whether to construct a new SUV production line in Chattanooga or its plant in Mexico. Corker has refused to say whether the tip about the SUV line came directly from VW. He defended his statement saying that his remarks acted as a counterweight to UAW's influence on plant workers. “When you’ve got a situation where only one entity is making its case," Corker said, "I believe it would be irresponsible for me — especially with the involvement, the background, the knowledge — not to be making these points.”



Kenneth Dau-Schmidt, a professor of labor and employment law at Indiana University, said in an interview with The Tennessean: “Although there aren't many precedents where a party other than the employer attempts to intimidate the employees before an election, the purpose of NLRB elections under federal law is to get the employees’ free and informed decision about whether they want to be represented by the union.”

Harley Shaiken, who researches labor issues at the University of California-Berkeley, told Reuters, "If the senator's statement doesn't violate the letter of the law, it certainly violates the spirit of the law." Without knowing whether the tip came directly from VW, labor law experts are unsure about whether Corker can be held liable. Regardless, the votes integrity may be questioned.



While the Senator's statement is the first to actually throw the legality of the vote in doubt, Chattanooga plant workers have not been free of outside influence. Conservative groups such as Americans for Tax Reform have invested heavily in fighting what they see as a potential tipping point for unionization at southern state auto plants. If VW plant workers reject unionization, Corker's comments could provide the UAW with grounds to contest the election and schedule another vote.

Do you think Sen. Corker's statement compromises VW plant workers' unionization vote? Leave your thoughts in the comments below.