National Labor Relations Board - NLRB Prohibits Captive Audience Meetings
Effective: November 13, 2024
Effective November 13, 2024, the National Labor Relations Board (NLRB) has issued a new rule prohibiting employers from requiring employees to attend captive audience meetings under the threat of discipline or discharge. This decision applies to all private employers covered by the National Labor Relations Act (NLRA) and protects nonsupervisory employees.
What Are Captive Audience Meetings?
Captive audience meetings are mandatory sessions where employers express their views on unionization, often to discourage union efforts. Under the new rule, these meetings must now be voluntary, and employers must:
Provide Reasonable Advance Notice: Inform employees that the meeting is voluntary and will include the employer’s views on unionization.
Refrain From Disciplining or Discharging Employees: Employees cannot be penalized for not attending, leaving the meeting, or failing to participate.
Avoid Tracking Attendance: Employers must not keep records of who attends, doesn’t attend, or leaves the meeting.
Additionally, employers must communicate this information clearly to employees in advance and ensure these practices are followed.
What Employers Should Do:
Allow employees to opt out of any meeting covered by this decision.
Provide clear, advance notice for voluntary meetings about unionization, including all required details.
Train supervisors on these requirements to ensure compliance.
Review state laws for additional or conflicting requirements.
While this decision is expected to face legal challenges, it’s critical to remain compliant in the meantime to avoid potential penalties.
For further guidance or support, feel free to reach out to your HR Business Partner.
Get day-to-day updates on NLRB Prohibits Captive Audience Meetings visit the Vida HR Knowledge Center (Vida HR Clients Exclusive).
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