Peter, the employee of Company XYZ, sent the e-mail to three co-workers, asking them to wear blue in support of Union ABC which was trying to organize at that location. Company gave Peter the written warning about violating Communication Policy which stipulated that employees couldn't use its systems to "solicit for commercial ventures, religious or political causes, or outside organizations." Union filed the unfair labor practice with NLRB about this action.
What is company's argument?
How does it interpret actions compared to the law?
What evidence would company require to have?