Case Headed to NLRB Might Prohibit Employers from Holding ‘Captive Audience’ Meetings

Thursday, October 19, 2023

Daniel Johns was quoted in an SHRM article discussing a case pending before the National Labor Relations Board, which seeks to eliminate captive audience meetings and prevent employers from limiting email usage solely to business related matters. Another term for a captive audience meeting is “employer speech during a union campaign,” said Daniel. “The purpose of the communication is to give the employer the opportunity to speak to employees about unionization during a campaign, a right protected by the First Amendment.” When a union petition is presented, the union may have been talking to employees over a significant period of time about unionization, he added. "Employers have only a small window to accomplish the same thing after a petition is filed.”

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