In one of the most significant decisions of 2024 from the National Labor Relations Board (NLRB), the ability of employers to engage in captive audience meetings with employees has been made unlawful. The decision in Amazon.com Service LLC, 373 NLRB No. 136 (2024), is of particular significance as it overturns 76 years of legal precedent—a period almost as long as the existence of the National Labor Relations Act itself.
With news coverage of the recent tragic events caused by Hurricanes Helene and Milton, much has been said and written about preparation, whether it's municipalities preparing their emergency crew, airlines preparing travel alternatives, businesses preparing for interruption, or families preparing to evacuate. The repeated theme is intended to help limit the damage that could be caused by an unwanted but unavoidable, emergent condition.
Once the initial shock that its employees have sufficient interest in forming a union wears off, companies generally begin to recognize that employees have not been brainwashed by some union organizer. Rather, the realization sets in that there are specific reasons, or issues, behind these individuals' signatures on those union cards. But what are they? How does management go about the job of issue determination without stepping over a legal line? Issue development is the most crucial obligation of management during a campaign.
A captive audience speech has been a staple of union campaigns. Conducted on paid time, with required attendance, such meetings have traditionally been a superior means for management to communicate messages en masse to its workers. The tool, however, has been the subject of increasing attention by the General Counsel of the National Labor Relations Board (NLRB), who has communicated her interest in prohibiting such conduct. It has also been the subject of state regulation. California recently joined the ranks of Oregon, Washington, Minnesota, Wisconsin, Illinois, New York, New Jersey, Connecticut, Vermont, and Maine to prohibit employers from conducting captive audience meetings.
When developing a union-free strategy, or evaluating its effectiveness, it is essential to gauge the opinions and attitudes of employees. They are, after all, your audience. Regardless of how compelling or persuasive you believe your messaging to be, if it is not resonating positively with your workers then it is little better than doing nothing at all.
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