The National Labor Relations Board just banned mandatory employee meetings for purposes of discussing the subject of union representation – so-called “captive audience” meetings – and placed new restrictions on an employer’s ability to require attendance at such meetings. By abandoning more than 75 years of precedent, the Board significantly reshaped the legal landscape with yet another gift to unions in the waning days of the Biden administration. Fortunately for employers, this decision will only apply on a go-forward basis. Here’s a breakdown of yesterday’s ruling and what it means for employers, along with actionable steps to take moving forward.

Captive Audience Meetings: A Brief History

For more than 75 years, employers have been free to convey their views on unionization to employees. The Board’s initial stance on these meetings emerged in the 1940s, where decisions emphasized that coercive tactics, even if indirect, violated the National Labor Relations Act (NLRA). The Board’s seminal 1948 decision in Babcock & Wilcox interpreted Section 8(c) of the NLRA to protect an employer’s free speech rights to require attendance at these meetings, so long as no direct threats or promises were made.

These so-called “captive audience” meetings are often conducted to educate employees – particularly in response to arguments advanced by organized labor outside the workplace – and have been a staple in the American workplace since Congress amended the labor laws to recognize...

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