In a landmark decision issued today in Amazon.com Services LLC, the National Labor Relations Board (NLRB) ruled that employers violate the National Labor Relations Act (NLRA) by mandating employee attendance at meetings that communicate the employer’s stance on unionization under threat of discipline or discharge. This decision overrules Babcock & Wilcox Co. (1948) and changes the longstanding framework around captive-audience meetings.

Under this new ruling, the Board held that such meetings are deemed to violate Section 8(a)(1) of the Act, saying they create a coercive environment that infringes upon employees' Section 7 rights, including their freedom to choose whether and how to engage in union discussions.

However, the NLRB clarified that employers may still hold meetings to discuss unionization, provided they meet key conditions to avoid violating Section 8(a)(1); employers must ensure that employees are informed well before any meeting intended to discuss union views. Specifically:

1. Employers must provide reasonable advance notice about the meeting's purpose (i.e., to share the employer's views on unionization) and make it clear that attendance is voluntary.

2. Employees should be explicitly told that no penalties—such as discipline, discharge, or any adverse actions—will follow if they choose not to attend or if they leave the meeting.

3. Employers must clarify that they will not record attendance or track who chooses to attend or not attend the meeting.

Communication in advance is critical. Announcing these conditions during the meeting itself is insufficient, as employees must have the opportunity to make a free and informed choice beforehand, with no element of surprise or implied pressure.

The decision also outlines that the ruling will only apply moving forward to respect prior employer reliance on the Babcock standard. However, the Board urges employers to adapt to this new requirement, advising against surprise meeting topics or informal pressure in discussing union views with employees.

In this decision, Chairman McFerran and Members Prouty and Wilcox supported the ruling, while Member Kaplan dissented. As employers adjust to this policy shift, the NLRB's stance on voluntary meetings is expected to shape future interactions on workplace unionization conversations.