NLRB Bans Mandatory Meetings to Discuss Unionization with Employees

On November 13th, 2024, the National Labor Relations Board ruled that it is now an unfair labor practice for employers to require employees to attend a meeting where the employer will expresses its views on a union organizing drive. Such “captive audience” meetings have been entirely lawful for more than 75 years under prior NLRB and U.S. Supreme Court decisions.  Nevertheless, unions have long sought to ban captive audience meetings because employers have few, if any, other ways to express opposition to unionization to all employees, while unions enjoy the right to have meetings with employees and to visit employee homes. 

Three Democratic members of the NLRB joined in the decision, while the only remaining Republican appointee filed a lengthy and vigorous dissent.  

Since she was appointed, the NLRB General Counsel has urged NLRB Regional Directors under the Biden administration to file unfair labor practice cases against employers who use captive audience meetings. The November 13th ruling was issued without prior notice and comment, as is customary for major changes in legal rules, and was issued without providing any opportunity for interested parties to file advisory briefs.  The ruling arrived just before the Trump administration assumes office.

The NLRB’s ruling was met with accolades from organized labor.  

The new NLRB ruling permits meetings only if the following criteria is met:

• The employer provides advance notice regarding the subject matter of the meeting
• The meeting is entirely voluntary
• No employee will suffer adverse consequences for not attending
• No attendance records are kept

A few states, such as California, have already passed legislation seeking to ban captive audience meetings.