Mandatory ‘captive-audience’ meetings now illegal

Since the 1940s, the National Labor Relations Board’s (NLRB) position has been that mandatory meetings with employees where the employer expresses its views on unions—typically referred to as “captive-audience” meetings—were permitted except during the 24-hour “cooling off period” immediately preceding a union representation election. On November 13, 2024, the Board issued a decision that indicates a sea change.

Tacking hard against captive-audience meetings

In Amazon.com Services LLC, the Board determined captive-audience meetings are inherently coercive, interfere with employees’ right to support a union, and are illegal under the National Labor Relations Act (NLRA). Advocating for this change was identified as a priority in 2022 by the Board’s General Counsel, the top enforcement officer of the Board.

By making captive-audience meetings illegal, the Board made it more difficult for employers to combat unionization efforts. Employers can still hold meetings, but they cannot require attendance.

Position’s future?

Although important, the impact of the decision may be short-lived. The NLRB currently has three Democratic members and one Republican member, with one seat vacant. The vacant seat will likely be filled shortly, and the Board will presumably maintain a Democratic majority until mid-August 2026.