In recent years, a growing number of labor organizations, advocacy groups, and even some elected officials have urged employers to adopt so-called “neutrality” agreements during union organizing campaigns. These arrangements can require employers to limit or forgo communications with employees about unionization, leaving unions largely unopposed in presenting their case to workers.
While often framed as a matter of fairness, calls for employer neutrality raise important legal, practical, and policy concerns. Most notably, they ask employers to voluntarily surrender speech rights protected by federal labor law and rooted in broader constitutional principles of free expression.
As these calls for neutrality become more common, business leaders should think carefully before signing away their ability to communicate with their own employees.
The central flaw underlying neutrality agreements is simple: employees make better decisions when they have access to more information, not less.
A union representation election is one of the most consequential workplace decisions employees can make. It can affect wages, benefits, scheduling, workplace flexibility, dues obligations, grievance procedures, and the relationship between workers and management. When employers agree to remain silent, workers lose access to information that management is uniquely positioned to provide.
Employers can provide information about workplace policies, business...
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