The US NLRA at one time excluded several categories of workers like Managers etc. I don't think there was any sort of intentional deception other than the tired old game of bidding down labor costs.

ymmv, as living in an ivory tower means I may be unaware of current US rules.

>We have this thing called freedom of speech

That may be an old wives tale, as corporate money is defined as speech now. =3

https://en.wikipedia.org/wiki/Citizens_United_v._FEC