For almost 75 years, the National Labor Relations Board (NLRB) has permitted employers to hold mandatory meetings during working time in which employers explain their position on unionization. Such meetings often occurred in the days and weeks prior to an NLRB secret-ballot election. There has been no legal debate, at least for decades, over the lawfulness of these meetings—labeled “captive audience meetings”—if unaccompanied by other coercion or restraining conduct. The issuance of Memorandum 22-04 (GC Memo 22-04) will have a profound impact on employers’ communication plans regarding unionization and related issues going forward.
