In a sweeping move, President Biden has banned companies from discussing unionization at so-called "captive audience" meetings.

The new rule from the Democratically controlled National Labor Relations Board (NLRB) is part of a wave of regulatory action to protect Biden's pro-union legacy from being dismantled by President-elect Trump.

Biden issues labor rule

The board's current, pro-union chair, Lauren McFerran, hailed the ban on "captive audience" meetings as a vindication of workers' rights. The board's lone Republican member, Marvin Kaplan, dissented, calling the ban "flagrantly unconstitutional."

"The majority’s attempt to ban so-called ‘captive-audience speeches’ harkens back to an earlier era when the Board sought to impose on employers a policy of strict neutrality regarding unionization," Kaplan also wrote.

Amazon, which was at the center of complaints that led to the rule, condemned the regulation as an unlawful attack on free speech. The ban prevents companies from discussing unions with workers at mandatory meetings.

“This decision ignores over 75 years of precedent, contradicts the express language of the NLRA, and violates the First Amendment,” said Mary Kate Paradis, an Amazon spokesperson.

The NLRB is an independent federal agency that enforces labor law, and its current Democratic majority has been overwhelmingly favorable to unions.

With President-elect Donald Trump returning to Washington soon, Democrats fear the board could move in a more business-friendly direction and reverse many of Biden's rulings.

Change coming under Trump

Trump is expected to fire NLRB General Counsel Jennifer Abruzzo, who has been friendly to unions, and he could also fire members of the NLRB's board, which could spark lawsuits.

Democrats want to use their remaining time in the Senate majority to re-confirm McFerran, with Republicans taking control of the chamber in January.

Members of the business community have blasted McFerran as implacably hostile to employers.

"There is real pent-up anger in the management community as to how far the current NLRB has gone in changing the law,” Michael Lotito, an attorney at Littler Mendelson, a firm representing employers, told the Washington Post.

"Scranton Joe" has frequently touted himself as the most union-friendly president ever, but the Democratic party's worker-friendly image is in serious doubt after this month's electoral drubbing.

Many have blamed the Democrats' landslide defeat on losing touch with the electorate and especially the party's old working-class base, which embraced President-elect Trump - who has promised relief from inflation, new tax cuts and sweeping tariffs to protect American jobs.