On Wednesday, November 13, 2024, the National Labor Relations Board (“NLRB”) issued a decision prohibiting captive audience meetings — mandatory meetings held during work hours to explain the employer’s position on union-related matters —  finding that they violate National Labor Relations Act (“NLRA”) Section 8(a)(1) which forbids employers to “interfere with, restrain, or coerce employees in the exercise” of their labor rights. The decision overrules nearly eighty years of precedent. The majority reasoned that captive audience meetings trample on employees’ rights to choose not to join the labor debate, gives employers a chance to observe employees’ union sentiments, and inhibits employees’ freedom by demonstrating the employer’s power over them.

Captive audience meetings, deemed legal since 1948, have traditionally been one of the most effective tools for employers to respond to union organization efforts.  However, they are now unlawful. The NLRB’s decision will only be applied prospectively, meaning that current cases involving captive audience meetings should not be impacted.

To avoid violating the NLRA following the new decision, employers should provide reasonable advanced notice to employees of the subject of any union-related meeting, clearly communicate that attendance at the meeting is strictly voluntary and employees will not be subjected to adverse action for choosing not to attend or leaving the meeting before it concludes, and ensure employees understand that the company will not track attendance for the meetings.  Before conducting any union-related meeting, management should carefully review the NLRB’s rules regulating employer free speech and avoid statements that could be construed as coercive, such as unlawful threats or promises.

We expect the Board to continue to issue a flurry of pro-labor decisions in the weeks following the election.  Although the change in administration will likely result in a shift in the NLRB’s position, this decision and the others that follow will not automatically be undone when the new administration takes office. It is essential that employers invest in comprehensive management training for those supervisors who interact with employees on a daily basis to educate them on the updated standards surrounding discussions of union representation and permissible communications.

If you have any questions regarding the issues raised in this client alert, please contact your Labor and Employment counsel at Smith, Gambrell & Russell, LLP.