United States:
Recent Developments In Federal Union Organizing Law
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Employers take note — there is a new NLRB general counsel
in town, Jennifer Abruzzo, and she intends to make some changes.
Specifically, she issued a recent memo that
proposes change to long-standing law about what are called
“captive audience meetings.”
What is a captive audience meeting?
For nearly 75 years, employers have had the right to hold
mandatory meetings with their employees to explain the
company’s view on unions and union organization efforts. These
meeting were fine as long as what was said in the meetings was not
coercive or restraining and basically was truthful fact or opinion
(and was not held within 24 hours of a union election).
What is changing?
Abruzzo’s proposed change would make any mandatory meeting
about unions – large or small – unlawful no matter what
was said. The change is premised on the belief that meetings like
this are coercive by their very nature. If employees could not
refuse to come to the meeting, an NLRB charge alleging a legal
violation could be filed.
Takeaways
Apparently, Abruzzo intends to direct the NLRB offices to pursue
such charges even though the law has not changed. This could cause
expense and distraction to employers even though no law has been
broken. So, be aware that these captive audience meetings are under
scrutiny, and plan wisely when considering holding one about unions
until this current new challenge works its way through the agency
and the courts.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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