NLRB Reverses Nearly 80 Years of Precedent by Declaring Captive Audience Meetings Unlawful

This week, in Amazon.com Services LLC, a majority of the National Labor Relations Board (NLRB) reversed, over a lengthy and vigorous dissent, nearly 80 years of precedent by holding that employers can no longer hold mandatory meetings to discuss the employer's views on unionization, so-called captive audience meetings. Although Section 8(c) of the National Labor Relations Act protects employers' rights to discuss unionization and to educate employees about the risks and benefits of union organizing, the Board's November 13, 2024, decision states that the protections of Section 8(c) do not extend to mandatory meetings. According to the Board, "exercising the power to compel attendance is quintessentially conduct by which employers 'interfere with' employees' exercise of their own Section 7 rights."  

The Board also opted to apply its holding prospectively only and not retroactively, which is atypical. The Board acknowledged that its decision marks a significant change in nearly eight decades of precedent permitting captive audience meetings. It is possible that Amazon will appeal the decision, but until the decision is vacated or reversed, employers conducting captive audience meetings now risk violating the Act.

Bottom Line for Employers

Consistent with the Board's reasoning, allowing employees to voluntarily attend meetings scheduled to discuss an employer's views on unionization should ameliorate any impermissible coercive effect. Employers in the midst of a union organizing campaign should therefore provide advance notice and clarify that attendance at any meeting scheduled to discuss unionization is strictly voluntary. Attendance records should not be kept, and employees should be told that they are free to choose to attend or not and that no discipline or special benefit or privilege will flow from their decision either way.

This continues to be an evolving area of law. DWT will continue to monitor these and other labor law developments. Please reach out if you have questions about how the Board's decision might impact your organization.