But in 1930, the Supreme Court defined “influence” in this case to mean “pressure, the use of the authority or power of either party to induce action by the other in derogation of what the statute calls ‘self-organization.’”

The Supreme Court’s 1969 ruling in NLRB v. Gissel Packing Co., which was later applied to NMB procedures, tried to draw a line between the First Amendment and union-election law. It set a few ground rules: An employer can communicate “general views about unionism,” “views about a particular union,” and even “prediction[s] as to the precise effects he believes unionization will have on his company.” One cannot, however, promise to reward or punish employees based on the results of the election.