The National Labor Relations Board (NLRB), which enforces the National Labor Relations Act (NLRA), recently decided that employers can’t require employees to attend captive audience meetings under the threat of discipline or discharge. The NLRA covers private employers of all sizes and protects nonsupervisory employees.
Captive audience meetings are mandatory meetings where employers present their views on unionization (and typically discourage employees from supporting union efforts).
However, the NLRB explained that employers can hold voluntary workplace meetings to express their views on unionization if, with reasonable advance notice, they inform employees that:
1. The employer intends to express its views on unionization at a meeting that is voluntary for employees to attend,
2. Employees won’t be subject to discipline, discharge, or other adverse action for not attending the meeting or for leaving the meeting, and
3. The employer won’t keep records of which employees attend, fail to attend, or leave the meeting.
In addition to communicating this information, employers have to abide by the above statements in practice as well.
The new rule applies as of November 13, 2024. Employers should also review their state laws, which may have different requirements, to be sure they’re compliant.
This decision is expected to face legal challenges and the NLRB may reverse its opinion on the issue once it has a majority of members appointed by the Trump administration.
Action Items
* Allow employees to opt out of any meeting covered by this decision
* Ensure that employees receive clear, advance notice for any voluntary meeting you hold about unionization that includes all the required details outlined in this decision
* Make sure supervisors understand these requirements
