He consults with his own legal counsel and he is told if he says yes, there is a problem because he will be perceived to have taken a position that is intimidating the employees and therefore that position will be used to justify certifying a union even when less than the majority of the employees support doing so.
He can be sued for things he said to employees
( z1 possible :ARG1 ( z2 sue :ARG1 ( z3 he ) :ARG2 ( z4 thing :ARG1-of ( z5 say :ARG0 z3 :ARG2 ( z6 person :ARG1-of ( z7 employ ) ) ) ) ) )