On November 13, 2024, the National Labor Relations Board (NLRB or Board) in the case of Amazon.com Services LLC and Dana Joann Miller and Amazon Labor Union (Amazon) ruled captive audience meetings are unlawful. Captive audience meetings are mandatory meetings in which employers discuss their views on unionization (or other topics that are not strictly business related). The Board determined such meetings violate the National Labor Relations Act (NLRA) undoing nearly 80 years of precedent set by Babcock v Wilcox Co., 77 NLRB 577 (1948).
The Ruling
The NLRB found Amazon managers made unlawful promises and threats in numerous captive audience meetings in attempts to discourage unionization at their Staten Island warehouse known as JFK 8. Despite Amazon’s opposition, in 2022, JFK 8 became the first Amazon warehouse to unionize. The NLRB stated that beyond the other unlawful speech, the Captive Audience meetings themselves interfere with employees’ Section 7 NLRA rights to self-organize and form a union.
The Board explained that requiring employees to attend captive audience meetings under threat of punishment effectively coerces employees from freely exercising their Section 7 rights. Furthermore, captive audience meetings are often used as a method of surveillance regarding employees’ union sentiments (presumably, employers will watch employee reactions in these mandatory meetings and assess (spy on) union sentiments based on what they see).
The NLRB is not preventing employers from sharing their views on unionization, however they may not mandate attendance, record attendance, or punish employees for not attending meetings on unionization.
What now?
Captive audience meetings which were legal under Babcock v Wilcox Co are now outlawed, but this decision will face swift legal challenges. Amazon can appeal the decision to a federal appeals court adding to the list of their ongoing legal battles. The commerce giant has already filed two lawsuits against the NLRB claiming its structure is unconstitutional. Elon Musk’s Space x has sued the NLRB on the same grounds. The appeal would most likely argue this ruling interferes with employers’ first amendment right to free speech. This argument was used successfully in July 2024, to permanently block part of Florida’s Stop WOKE Act which attempted to prevent employers from holding mandatory meetings on views the state found offensive.
This decision is one of many reforms made under the Biden administration, however, with a second Trump term around the corner it is doubtful this ruling will stand. It is expected Trump will replace the General Counsel of the NLRB and begin a process of undoing the last four years of reform. However, eleven states have already banned captive audience meetings (6 this year alone) with Alaska becoming the first red state to do so this November. So, even if the federal government can’t outlaws such mandatory meetings, the states are trying; of course, whether these legislative efforts will withstand the challenge that the state laws are pre-empted by the federal law is another issue!
As of now, to avoid legal troubles, employers should no longer mandate attendance at meetings discussing unionization. But remember, voluntary union meetings remain legal. If you use experienced labor counsel, this prohibition may not have a big impact on attendance. Also, employers should keep an eye on appeals and reforms expected under the Trump administration in 2025. As we keep predicting, it is expected that much of the reform from the last four years will be reversed sometime during the Trump Administration.
Brody and Associates regularly advises its clients on all labor management issues, including union-related matters, and provides union-free training. If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.454.0560.
