Labor Relations Radio, E152—LRI's Phil Wilson On The NLRB's Decision Reversing The 40-Year Old 'Tricast' Doctrine

Employers and their agents beware: You will now be held accountable if you do not correctly explain the NLRA's Section 9(a) when speaking with employees.

Last week, the National Labor Relations Board (NLRB) issued a decision in Siren Retail Corp d/b/a Starbucks, overruling Tri-Cast, Inc., 274 NLRB 377 (1985) and clarifying the test that the Board will use to evaluate whether employer predictions about the impact of unionization on the relationship between individual employees and their employer are unlawful threats. 

Under the new ruling, if an employer (or its agents) does not carefully parse out their statements to employees regarding Section 9(a), moving forward, the NLRB will now find that the employer has issued a threat.

In this episode of Labor Relations Radio, Phil Wilson, President of LRI Consulting Services, Inc. (LRICS) and Approachable Leadership, returns to the podcast to discuss the ramifications of the NLRB’s new decision, as well as what is ahead with a new NLRB under Trump 2.0.

Prior episodes with Phil Wilson:

• Labor Relations Radio E129—LRI's Phil Wilson on an NLRB ALJ's Outrageous Ruling Against Free Speech
• Labor Relations Radio, E97—LRI's Phil Wilson & Michael VanDervort on the new Left of Boom podcast
• Labor Relations Radio, Ep. 64—LRI's Phil Wilson on Recent NLRB Developments and Union Organizing Trends
• Labor Relations Radio, Ep. 40—LRI's Phil Wilson on the State of the Post-Pandemic Workplace

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