On November 13, 2024, in a case involving Amazon, the NLRB ruled that a violation of the National Labor Relations Act occurs if an employer threatens employees with discipline or discharge if they refuse to attend a meeting at which the employer expresses its views on unionization. This decision overruled a prior Board decision which had been in existence and applicable since 1948. These meetings are commonly known as “captive audience” meetings, as employees who are on the clock are required to attend company run meetings at which the employer typically tries to dissuade employees from unionizing. In other words, the employees are captive to the employer’s message.
The Board did hold that such meetings could be held but only if employees are provided with reasonable advance notice of the meeting and the subject to be discussed, are given the option not to attend, and are ensured that no adverse action will be taken against them for not attending, as no attendance records will be kept.
Employees covered by the National Labor Relations Act have a legally protected right to advocate for unionization, or to refrain from such advocacy. Requiring employees to attend such meetings gives the employer the opportunity to surveil employees in how they react or participate in the meeting, thereby interfering with their free choice. It long has been unlawful for employers to engage in surveillance of employees for purposes of learning about their union activities. Additionally, the Board said that forced attendance at these meetings, along with the threat of discipline for non-attendance, is coercive in that it demonstrates that the employer possesses economic power over them which would tend to discourage them from unionizing.
This decision, issued in Amazon.com Services LLC, is prospective and will apply in all future cases.