That's a very carefully worded statement to avoid giving evidence on a silver platter of the crime in § 119 Abs. 1 Nr. 1 BetrVG

The following offences shall be punishable by a term of imprisonment not exceeding one year or a fine, or both:

1. interfering with an election to the works council, the youth and trainee delegation, the ship’s committee, the fleet works council or the representative bodies of the employees referred to in section 3 (1), clause 1 to 3 or 5, or influencing such elections by inflicting or threatening reprisals or granting or promising incentives

Their actions speak different words