The National Labor Relations Board (NLRB) recently decided two cases that change what employers are allowed to do with respect to unionization.
First, employers can no longer categorically tell employees that unionization will change or impact their relationship with the company. On November 8, 2024, the NLRB overturned this 40-year old precedent because broad and general predictions of unionization may be interpreted as “a threat of retaliation based on misrepresentation and coercion.” Going forward, employer’s statements about the consequences of unionization must be limited to the “probable consequences” based on “objective facts” beyond the employer’s control. Siren Retail Corp. d/b/a Starbucks, NLRB, No. 19-CA-290905, 11/8/24.
Second, employers are now prohibited from holding mandatory captive audience meetings. On November 13, 2024, the NLRB overturned an almost 80-year precedent because mandatory captive audience meetings infringe on employee’s rights under the National Labor Relations Act (NLRA) to freely decide how to participate in a debate regarding unionization, allows employers to surveil employees exercising their rights, and forcing employees to attend meetings “on pain of discipline or discharge” is reasonably likely to lead employees to feel coerced to adhere to the employer’s message. Amazon.com Services LLC, NLRB, No. 29-CA-280153, 11/13/24. Going forward, employers may hold meetings regarding unionization if the following requirements are met:
- Employees are provided with advance notice that the meeting will speak to unionization;
- Attendance is voluntary and employees will not suffer any adverse consequences for not attending; and
- Attendance is not recorded.
As a reminder, Hawaii already enacted its own captive audience law that prohibits employers from holding mandatory captive audience meetings regarding political matters related to an attempt to influence employee’s future voting. Hawaii Revised Statute § 377-6.
Members who have questions regarding unionization may call their Labor Relations Consultant.
Please note the information provided is for informational purposes only and may not reflect the most current regulatory developments. We strive to keep our materials up to date, but there may be occasions when information becomes outdated. Users are encouraged to verify the applicability of the content before relying on it for decision-making. If you have any questions or concerns regarding the accuracy or relevance of the information, please contact us directly for assistance.