The NLRB prohibits captive audience meetings
The decision, Amazon.com Services LLC, was issued on November 13, 2024 and overruled precedent dating back to 1948. Amazon.com Services LLC was the decision issued on November 13, 2020 and overruled precedents dating back to 1948. The NLRB argued that these meetings interfered with an employee’s freedom to decide when, how, and whether to discuss unionization. Further, the NLRB stated these meetings can give a “coercive character” to the employer’s message.
Although this decision may take away a very powerful tool for employers facing a union campaign or election, employers can rest assured that the rule is not retroactive. The ban will only apply to meetings occurring after the ruling and not to those that took place before. The NLRB provided a safe harbor scenario for employers to avoid violative captive audiences meetings. The NLRB’s General Counsel, Jennifer Abruzzo issued a memo in 2022 stating that similar violations of NLRA occur when a manager approaches an employee at work to discuss unionization, and the employee believes that they can’t leave. The NLRB didn’t take a position on this argument because it wasn’t at issue in the Amazon Case. Employers should warn supervisors to not approach employees while they are working to discuss unionization.
