What Are ‘Captive Audience’ Meetings

In a recent decision, the National Labor Relations Board (NLRB) clarified its position on what it means to hold a “captive audience” meeting. As part of its ruling in an unfair labor practice charge against a company that allegedly violated Section 7 of the National Labor Relations Act (NLRA), the NLRB determined that employers may prohibit union organizers from attending meetings where a majority of workers in a bargaining unit are present. However, this does not mean employers cannot hold captive meetings at all; they must simply ensure that they do not violate an employee’s Section 7 rights when doing so.

This does not mean employers cannot hold captive meetings at all.

Don’t worry, employers. You can still have captive audience meetings, but you just have to make sure that your workers know they’re not mandatory. If a majority of employees attend, you can also notify them that they can leave the meeting at any time if they choose to do so. So there you go—captive audience meetings are legal!

In a captive audience meeting, union organizers would be prohibited from attending.

In a captive audience meeting, union organizers would be prohibited from attending. Instead, the employer would be required to provide an alternative forum for workers to hear about the union’s views and plan their own election strategy. Union organizers may not attend meetings where a majority of workers in a bargaining unit are present (unless they have been invited by the employees). Union organizers may attend meetings with less than a majority of workers in the unit only if those employees ask them to be there. Union organizers may not attend such a meeting without these requests being made by employees who are at least 30 percent of those eligible to vote.

Employers may prohibit union organizers from attending

Employers may prohibit union organizers from attending meetings where a majority of workers in a bargaining unit are present. Employers may not prohibit union organizers from attending meetings where a majority of workers in a bargaining unit are not present.

Employers must be careful – holding a captive audience meeting.

Employers must be careful to ensure that they do not violate an employee’s Section 7 rights when holding a captive audience meeting. For example, employers may not limit the ability of employees to engage in discussion or debate regarding the meeting. Additionally, employers may not retaliate against any employee who engages in protected activity, including expressing his or her views on the subject matter. In order to avoid violating Section 7 rights during captive audience meetings, employers should:
  • Allow all employees who want to attend the meeting with sufficient notice and opportunity to do so;
  • Encourage employees in attendance at such meetings to ask questions;
  • Reasonably accommodate any employee who requests an accommodation due to disability (such as making arrangements for translation services); and
  • Ensure that no one participating in such meetings—including management—is allowed to coerce or intimidate anyone else who seeks information about such matters from them

Conclusion

Captive audience meetings are an excellent way to get everyone on the same page. If you want to be more productive and efficient, make sure your captive audience meetings don’t become a waste of time. Takeaways:
  • Captive audience meetings are effective when used correctly; however, they can also be a huge waste of time if you aren’t careful about how you run them. – Captive audience meetings should be used only when absolutely necessary. They can be helpful in certain situations but may not always be necessary for every meeting or presentation that needs to take place within your company’s walls.

Michael Brethorst, MS

Chief Contributor

We provide practical and usable real world solutions to common and complex Healtcare and Human Resource questions. All of our articles are based in fact.

Michael Brethorst

My personnel Favorites

Sponsor

Grammarly Writing Support