Labor board: Mandatory employer meetings about unionization are unlawful

The National Labor Relations Board (NLRB) has ruled that the National Labor Relations Act (NLRA) prohibits employers from requiring employees to attend meetings in which the employer expresses their views on unionization. The NLRB ruled that the decision will be applied prospectively (future cases) only.

The details

Overruling a previous decision, the NLRB concluded that such meetings:

• Interfere with an employee’s right under Section 7 of the NLRA to freely decide whether, when, and how to participate in a debate concerning union representation, or refrain from doing so.
• Provide a mechanism for an employer to observe and surveil employees as they exercise their Section 7 rights.
• Lend a coercive character to the message regarding unionization that employees are forced to receive.

Exception

The NLRB made clear that employers may lawfully hold meetings with workers to express their views on unionization so long as:

• Workers are provided reasonable advance notice of the subject of any such meeting.
• Attendance is voluntary with no adverse consequences for failure to attend; and
• No attendance records of the meeting will be kept.

Next steps

• Review policies and practices to ensure compliance with the decision.
• Train supervisors on the decision.