Democrat-dominated National Labor Relations Board issues new ban affecting employers

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November 15, 2024

While President Joe Biden is slated to depart from the White House in just over two months, his influence continues to be felt.

An example of that came this week when a Democrat-dominated independent federal agency issued a new ban affecting employers.

National Labor Relations Board (NLRB) creates "captive audience" rule

According to Fox News, the National Labor Relations Board (NLRB) ruled on Wednesday that employers may not discuss their views on unionization with a "captive audience" of employees.

The move was explained in a press release put out by NLRB Chairwoman Lauren McFerran, who was chosen by Biden to replace her Trump-appointed predecessor in 2021.

Today, the Board ruled that, going forward, an employer will violate the National Labor Relations Act by requiring employees to attend captive-audience meetings in which the employer expresses its views on unionization under threat of discipline/discharge. https://t.co/odKn4Ah341 pic.twitter.com/lMfEPfOQNO

— NLRB (@NLRB) November 13, 2024

"Ensuring that workers can make a truly free choice about whether they want union representation is one of the fundamental goals of the National Labor Relations Act," Fox News quoted McFerran as saying.

Captive audience meetings—which give employers near-unfettered freedom to force their message about unionization on workers under threat of discipline or discharge—undermine this important goal," she continued.

Lone Republican NLRB member dissents

"Today's decision better protects workers' freedom to make their own choices in exercising their rights under the Act, while ensuring that employers can convey their views about unionization in a noncoercive manner," McFerran added.

However, Fox News noted that Wednesday's move was opposed by Marvin Kaplan, who currently stands as the NLRB's only Republican member.

In a strongly worded dissent, Kaplan asserted that the BLRB's new rule on "captive audience" meetings is "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," he complained.

Amazon signal intent to appeal

The new rule also prompted opposition from some in the business community, including Amazon spokesperson Mary Kate Paradis.

"This decision ignores over 75 years of precedent, contradicts the express language of the NLRA, and violates the First Amendment – it's wrong on the facts and the law, and we intend to appeal," she said in a statement.

"Meetings like this are held by many companies because the decision about whether or not to join a union is an important one – and employees deserve to understand the facts so they can make an informed choice," Paradis went on to contend.