NLRB Bans ‘Captive Audience’ Meetings

The National Labor Relations Board overturned almost eight decades of established law Nov. 13, ruling that so-called captive audience meetings are illegal.

In a case involving Amazon, the board voted 3-1 that requiring workers to attend company meetings regarding unionization violates their rights under federal law.

The decision overturns a 1948 NLRB ruling allowing mandatory meetings for discussing an employer’s position on union-related matters as long as the employer’s communications are non-coercive and do not convey unlawful threats or make unlawful promises.

Under the new standard, employers may lawfully hold meetings to express views on unionization “so long as workers are provided reasonable advance notice of the subject of any such meeting, that attendance is voluntary with no adverse consequences for failure to attend, and that no attendance records of the meeting will be kept.”

The new NLRB standard is prospective and will only apply to future cases.

Free Speech Standard

The decision comes a week after the NLRB overturned another decades-old precedent, issuing a ruling that greatly limits employer free speech rights.

In a case involving Starbucks, the board discarded the 1985 standard governing what employers can and cannot lawfully say about the potential impact of unionization.

The board discarded the 1985 standard governing what employers can and cannot lawfully say about the potential impact of unionization.

Going forward, employer comments about unionization “must be carefully phrased on the basis of objective fact to convey an employer’s belief as to demonstrably probable consequences beyond [its] control.”

The board noted employer comments that are not grounded in objective fact, or predict negative consequences, are “no longer a reasonable prediction based on available facts but a threat of retaliation based on misrepresentation and coercion.” 

Both new standards face legal challenges and further review, with the incoming Trump administration expected to restructure the current makeup of the NLRB.

Connecticut Case

The U.S. District Court in Bridgeport will hear oral arguments Nov. 18 in a lawsuit challenging Connecticut’s controversial captive audience law.

The lawsuit claims Connecticut’s law violates the U.S. Constitution by “chilling and prohibiting employer speech.”

The law took effect July 1, 2022 and threatens employers with liability for speaking with employees about a range of workplace issues, including pending laws or regulations.

The lawsuit claims Connecticut’s law violates the U.S. Constitution by “chilling and prohibiting employer speech.”

The suit was filed in November 2022 by CBIA, the U.S. Chamber of Commerce, and a coalition of employer groups, including the National Federation of Independent Business, National Retail Federation, Connecticut Retail Merchants Association, Coalition for a Democratic Workplace, National Association of Home Builders, Associated Builders and Contractors, and Associated Builders and Contractors of Connecticut.

Connecticut law drastically restricts employers from communicating with employees about “political matters,” with that term broadly defined to include legislative and regulatory proposals and participation in civic and community organizations.

The state legislature approved the measure in 2022 following a decade-plus of failed attempts to pass similar legislation.