Litigation Update: Amazon, the NLRB, and “Captive Audience” Meetings

Section 8(c) of the National Labor Relations Act states an employer’s communication is not an unfair labor practice if it does not contain a threat of reprisal, force, or a promise of a benefit. Historically, this provision was understood to protect employers’ free speech rights to hold mandatory meetings with employees to express their views on unionization.However, in Amazon.com Services LLC, 373 NLRB No. 136 (Nov. 14, 2024), the National Labor Relations Board held that mandatory meetings where an employer expresses its views on unions violate the Act. The Board deemed such meetings unlawful, even if the views expressed during them do not independently constitute an unfair labor practice.Bill Messenger and Roger King will examine the history of Section 8(c), the Board’s interpretation of its scope, and the potential outcome of the Board’s decision on appeal to the 11th Circuit.Featuring:William L. Messenger, Vice President and Legal Director, National Right to Work Legal Defense and Education Foundation, Inc.(Moderator) G. Roger King, Senior Labor and Employment Counsel, HR Policy Association