Captive Audience Meetings One Step Closer to Unlawful Conduct

Abstract

Few people would argue that the current NLRB General Counsel is undertaking several initiatives designed to increase the power of unions and union organizers. Among the most controversial, and likely to see court challenges, is the effort to make captive audience meetings unlawful. At its core, the General Counsel is seeking to negate the ability of employers to, on paid time, require employees to attend meetings that address unionization. The effort seems directly contrary to Section 8I of the National Labor Relations Act, which states, “The expressing of any views, argument, or opinion, or the dissemination thereof, whether in written, printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under any of the provisions of this Act [subchapter], if such expression contains no threat of reprisal or force or promise of benefit.” While captive audience meetings have been historically limited within 24 hours of the start of an election under the “Peerless Plywood” rule, they have never been prohibited as a general practice.