Mandatory Meetings to Address Union Organizing are Now Unlawful

On November 13, 2024, the National Labor Relations Board notched another anti-employer win[1] for President Biden’s oft repeated goal to become “the most pro-Union Administration in history.”  This one comes at the expense of employers’ free speech rights during a union organizing drive.

In the late forties, while our WWII veterans were assimilating back into civilian life, the NLRB declared that employers could hold mandatory meetings to discuss union organizing, and to express an anti-union opinion.  The current NLRB declared these “captive audience” meetings illegal.  Moving forward, employee meetings must be entirely voluntary, afford employees the right to walk out, and be announced in advance (presumably so that pro-union organizers and supporters can prepare opposition, in advance).

Why such a drastic change after more than 75 years?  The NLRB declares that mandatory meetings undermine employees’ free choice.  Conspicuously absent from the analysis is any acknowledgement that unions already win more than 75% of secret ballot elections, and that percentage has drastically increased in recent years. Apparently, employers do a lousy job of obstructing free choice.  Expect that win rate to increase soon, precisely the objective of this development, and others from the NLRB under the current Administration.

The NLRB’s sole dissenter lamented,  “the conflict between the majority’s prohibition of captive-audience speeches and the [First Amendment of the] Constitution is manifest and irreconcilable.” The federal judiciary will no doubt have an opinion as well when this case is appealed – and it will be appealed.

Meanwhile, employers beware.  Ignoring this new prohibition by design or ignorance  will likely result in a NLRB order to recognize and bargain with the union, with or without a secret ballot election, and regardless of whether employees exercise their legal right to vote no.