Members of the National Labor Relations Board may soon be tasked with deciding when and under what circumstances employers in a meeting environment can express their views on union organizing.
In a memorandum, Jennifer Abruzzo, NLRB general counsel, is contending that such meetings are a violation of the National Labor Relations Act and should be banned.
“This license to coerce is an anomaly in labor law, inconsistent with the Act’s protection of employees’ free choice,” Abruzzo said, adding that the NLRB’s previous toleration of such meetings is “at odds with fundamental labor law principles, our statutory language, and our Congressional mandate.”
Union organizers have long regarded such meetings, during which employers often marshal their arguments again unionization, as a means of employee intimidation, characterizing those encounters as “captive audience” meetings.
Depending upon the circumstances, those meetings may require the attendance of employees. According to the publication Business Insider, “workers can be disciplined or discharged if they don’t show up” at such meetings or leave early.
In a statement, Sean Redmon, vice president for labor policy with the U.S. Chamber of Commerce, said the National Labor Relations Act includes a provision stating that “the expressing of any views, argument, or opinion” does not constitute an unfair labor practice.
Redmon additionally notes that the provision has several times been reaffirmed in various court challenges. Should the NLRB agree to ban employers’ meetings, added Redmon, “One can expect that the court will have to address the question yet again.”
It is not known when the NLRB will act on Abruzzo’s memorandum.
By Garry Boulard
