[foerbert]

This isn't about any actual negotiation though. This is about a public statement aimed at discouraging even attempting to unionize. This is well before the point where the union and company would be negotiating.

I think it makes a lot of sense to regulate this kind of activity. It's not about forcing companies to 'give in' or not to unions, but about helping to protect the ability for the union to form in the first place.

We can argue forever about how much company statements might influence the ability for unions to form, but at the end of the day the actual regulation here is basically just stopping the company from setting up their own strawmen in hopes of influencing workers. Naturally, it's very easy to talk tough when you're just pretending to negotiate against yourself. Not doing this seems like a pretty mild restriction, so I don't think it's a particularly onerous regulation.