Fox dishonestly framed the current National Labor Relations Board (NLRB) case examining outside influence in the Chattanooga Volkswagen union vote as an attack on Sen. Bob Corker's free speech, ignoring that the board has no authority to constrain political speech.
On February 14, workers at the Chattanooga, Tennessee Volkswagen plant voted down a proposal to join the United Auto Workers (UAW) union by a vote of 712 - 626. The vote came after an extended media campaign which culminated on February 13, the day before the scheduled vote, when Corker falsely alleged that if the workers voted against the union, the plant would be rewarded with a new product to manufacture. His claim was immediately rejected by Volkswagen.
The UAW appealed for a re-vote, contending that the "coordinated and widely publicized coercive campaign" by Corker and others infringed on the workers' right to "employee free choice."
But on the March 6 edition of Fox News' Fox & Friends, co-host Elisabeth Hasselbeck framed the fallout of Corker's threats and the impending investigation as "what happens when one of America's most powerful unions doesn't get its way," and as an effort by the UAW to get "a whole new set of rules" if the votes are recast. Hasselbeck then turned to guest Sen. Bob Corker to explain the pending NLRB decision, asking whether the UAW's objection to his threat was really an attempt to stifle free speech:
HASSELBECK: This is a freedom of speech issue, is it not? I mean, The president was out there speaking on behalf of the unions. You were certainly speaking on behalf of your constituents. You worked long and hard to get Volkswagen there from the beginning. Actually had initial meetings in your home. [...] They're telling you you can't speak, but yet the president can? Is this a double standard when it comes to freedom of speech?
CORKER: Yes. And I think, you know, we'll have to see. The UAW has been given until Friday to add additional arguments to their case. You're right, the president weighed in during the election process also. Again, this has happened time and time in the past and never, never before has the NLRB ever overruled because politicians have been involved in this way. So look, I -- you're right. I built the industrial part that Volkswagen is located on when I was mayor with others, recruited them to our state, had been involved with them for five years. Know the management up and down the line, have been, you know, have relationships there. And for me to express concerns about what it would mean to our community and our state over time is something that I think people elect me to do. So again, this is an interesting case. Hopefully even though this is Obama's NLRB, these are his appointees, hopefully they will do the right thing here and not try to muzzle people that are elected by people in their state.
Fox's attempt to frame the NLRB decision as an issue of free speech is dishonest. Offering workers a second chance to consider unionization isn't the same thing as "muzzling" Corker, and giving workers some distance from his comments isn't, as Hasselbeck claimed, a UAW ploy to implement "a whole new set of rules." As former NLRB general counsel Fred Feinstein explained, "the NLRB has no authority over Sen. Corker and cannot control what he says." At most, he said, the Board could conclude that Corker's comments had unfairly tainted the election and could "conceivably order a new one."
The NLRB is responsible for protecting workers legal right to "engage in protected concerted activities-group action to improve wages, benefits, and working conditions and to engage in union activities and support a union," and works to ensure that workers are free of coercion while maintaining their right to "free choice" during union elections. The NLRB typically focuses on whether unions or companies have been involved in illegal coercion of workers during a union vote, but third-party coercion is still a concern. The Huffington Post explained that the NLRB could make the case "that Corker's highly detailed statement created an atmosphere of coercion."
The UAW is only asking for a re-vote, which, if granted, would only allow the unionization of the plant with a majority vote. That's a far cry from Fox's claim that the UAW is planning to "take over" the Volkswagen plant and block officials' free speech in the process.