Explaining that a "statement is an unlawful threat" if it "is subjectively phrased in that it conveys that the employer will act on its own initiative to punish its employees as the result of anti-union animus"
In DTR I, the predictions made were about possible lost business in the face of unionization, contained in a letter from the employer's president to its employees shortly before a union election.
Discussing differences between expert and lay testimony and concluding that agent's testimony about firearms collection was expert testimony, as it was based on his "training and experience"
Holding that letters from the union during an election campaign containing arguably misleading statements did not affect the employees' right to a free and fair choice
In Charge Card Ass'n v. NLRB, 653 F.2d 272 (6th Cir. 1981), our court for the first time indicated that "the proper test for evaluating mixed-motive cases is whether punishment of a protected act... was a dominant motive in the employer's actions."