A federal decision and a dozen states protect employees from being compelled by their employer to listen to their employer’s opinions on religious and/or political matters as a condition of employment. These are generally known as captive audience meetings laws. An overview of these laws follows.
Federal laws
Background
- Under Section 7 of the National Labor Relations Act (NLRA), employees have the right to self-organization, and to engage in other concerted activities, or to refrain from doing so.
- Under Section 8(c) of the NLRA, employers may express views on unionization, when the expressions contain no threat of reprisal or force or promise of benefit.
Labor Relations Board prohibits mandatory employer meetings about unionization
The National Labor Relations Board (NLRB) recently ruled that the NLRA prohibits employers from requiring employees to attend meetings in which the employer expresses their views on unionization.
The NLRB overruled a previous decision and cited the following reasons why captive audience meetings interfere with employees’ rights under the Act, thus violating Section 8(a)(1). According to the NLRB:
- Such meetings interfere with an employee’s right under Section 7 of the Act to freely decide whether, when, and how to participate in a debate concerning union representation, or refrain from doing so.
- Captive audience meetings provide a mechanism for an employer to observe and surveil employees as it addresses the exercise of employees’ Section 7 rights.
- An employer’s ability to compel attendance at such meetings on pain of discipline or discharge lends a coercive character to the message regarding unionization that employees are forced to receive. The employer’s ability to require attendance at such meetings demonstrates the employer’s economic power over its employees and reasonably tends to inhibit them from acting freely in exercising their rights.
While an employer can no longer require employees to attend a meeting where the employer expresses its views on unionization, the Board provided a “safe harbor” for conducting voluntary meetings, in the workplace on work time.
Under the “safe harbor,” an employer may lawfully hold meetings with employees to express its views on unionization if, reasonably in advance of the meeting, it informs employees that:
- The employer intends to express its views on unionization at a meeting at which attendance is voluntary;
- Employees will not be subject to discipline, discharge or other adverse consequences for failing to attend the meeting or for leaving the meeting; and
- The employer will not keep records of which employees attend, fail to attend or leave the meeting.
The Board did not provide guidance on what may constitute reasonable advance notice.
Nonetheless, employers will be found to have unlawfully compelled attendance at a meeting concerning the employer’s union views if, “under all the circumstances, employees could reasonably conclude that attendance at the meeting is required as part of their job duties or could reasonably conclude that their failure to attend or remain at the meeting could subject them to discharge, discipline, or any other adverse consequences.”
Employers should review policies and practices to ensure compliance with the decision and train supervisors on the decision.
State laws banning captive-audience meetings
In addition to the NLRB's decision, several states have laws that provide protections for employees who refuse to attend captive-audience meetings.
Generally, these state laws prohibit an employer from taking adverse employment action against employees for refusing to attend or participate in mandatory employer-sponsored meetings or otherwise requiring them to attend, listen to or receive communications on an employer’s opinions about religious or political matters. However, each law varies in terms of definitions of political and religious matters, and exceptions to the law.
Below is a list of states that prohibit mandatory religious and/or political meetings. Keep in mind that many of these laws expressly include labor (union) organization in their definition of political matters. Check the laws and regulations that apply to your jurisdiction.
Note: These laws would still stand even if the NLRB’s decision were overturned.
Conclusion
Consider updating meeting policies and procedures, train supervisors on the laws, and look closely for further development in these areas.
