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.
Does this next sentence follow, given the preceding text?
He will not be in a position.

Pick from:
[1]. Yes
[2]. It's impossible to say
[3]. No
[3].