US Labor Board Bans Captive Audience Meetings to Ensure 'Truly Free' Worker Choice

In a decision that advocates say will likely be reversed during the second administration of Republican U.S. President-elect Donald Trump, the National Labor Relations Board on Wednesday ruled that employers cannot force workers to attend anti-union speeches.

The NLRB's 3-1 decision in Amazon.com Services, LLCmeans that workers will no longer have to take part in so-called "captive audience meetings," which employers often use as a union-busting tool and a form of coercion. The agency explained that such meetings violate Section 7 of the National Labor Relations Act "because they have a reasonable tendency to interfere with and coerce employees."

"However, the board made clear that an employer may lawfully hold meetings with workers to express its views on unionization so long as workers are provided reasonable advance notice of: the subject of any such meeting, that attendance is voluntary with no adverse consequences for failure to attend, and that no attendance records of the meeting will be kept," the NLRB added.

NLRB Chairperson Lauren McFerran, a Democrat, said in a statement that "ensuring that workers can make a truly free choice about whether they want union representation is one of the fundamental goals of the National Labor Relations Act."

"Captive audience meetings—which give employers near-unfettered freedom to force their message about unionization on workers under threat of discipline or discharge—undermine this important goal," McFerran added. "Today's decision better protects workers' freedom to make their own choices in exercising their rights under the act, while ensuring that employers can convey their views about unionization in a noncoercive manner."

In April 2022, the NLRB's general counsel office issued a memo asserting that captive audience meetings are illegal. At least 11 states have banned such meetings. Other states are in various stages of considering or enacting bans or restrictions on them.

Workers' rights advocates hailed Wednesday's decision, although labor journalist Hamilton Nolan quipped on social media that employees should "enjoy this brief shining period before the Trump NLRB reverses this decision."

However, More Perfect Union producer Jordan Zakarin argued that Democrats can protect this "monumental win for labor" for "the next few years" if "they finally confirm" President Joe Biden's nomination of Joshua Ditelberg—a Republican lawyer who has represented companies including Amazon, Airbnb, and UnitedHealth—to fill the fifth NLRB seat.

According to the Economic Policy Institute (EPI)—a Washington, D.C.-based, pro-union think tank—U.S. employers spend an estimated $433 million per year on union-busting consultants.

"This reality makes it harder for workers to fight for their collective bargaining rights because they do not know the extent of their companies' investments in union-busting, a figure that could empower them at the negotiating table when employers claim they can't afford to increase pay and benefits," EPI said last year.