"An employer commits an unfair labor practice when it engages in surveillance of union or organizing activity, or when it creates the 'impression of surveillance' of such activity. See Cannon Elec. Co., 151 NLRB 1465 (1965); Flexsteel Indus. Inc., 311 NLRB 257 (1993). Generally speaking, an employer is free to observe employees participating in union or other protected activity when those employees are doing so openly and in public."
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