SCMP Breaking News - Labor & Employment
Year 9, Vol. 11 - November 14, 2024
On November 13, 2024, the National Labor Relations Board (“NLRB”) issued its long-awaited decision in Amazon.com Services LLC, ruling that an employer violates the National Labor Relations Act (“NLRA”) by requiring employees to attend captive audience meetings. This overrules the precedent established over 70 years ago in Babcock & Wilcox Co., 77 NLRB 577 (1948) that allowed employers to hold such meetings.
What are captive audience meetings?
A captive audience meeting is a mandatory meeting during working hours, organized by the employer in which the employer expresses its views on unionization with the purpose of discouraging employees from organizing or joining a Union.
What did the NLRB decide?
In its decision, the NLRB explained that captive-audience meetings violate Section 8(a)(1) of the Act because they have a reasonable tendency to interfere with and coerce employees in the exercise of their Section 7 rights. Specifically, the Board reasoned 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 to refrain from doing so. Furthermore, the Board explained that captive audience meetings provide a mechanism for the employer to surveil employees and that an employer’s ability to compel attendance at such meetings on pain of discipline or discharge demonstrates the employer’s economic power over its employees and reasonably tends to inhibit them from acting freely in exercising their rights.
Are employers now impeded from holding meetings to express their views on Unionization?
Not entirely. The NLRB clarified in its holding that an employer may lawfully hold meetings with workers to express its views on unionization so long as workers are provided reasonable advance notice of the subject to be discussed during the meeting, that attendance is voluntary with no adverse consequences if an employee does not attend, and that no attendance records of the meeting will be kept.
Should you require further advice or assistance in relation to this matter, please contact us at (787) 945-0380.
Because of the general nature of this newsletter, nothing herein should be construed as legal advice or a legal opinion. SCMP Breaking News and all its content is property of Silva-Cofresí, Manzano & Padró, LLC
Comments