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Labor Attempts to Further Restrict Employers During Rising Union Campaigns
Apr 8, 2022

Labor Attempts to Further Restrict Employers During Rising Union Campaigns

Topics: Union-Management Relations

Earlier this week, National Labor Relations Board (“NLRB”) General Counsel, Jennifer Abruzzo released a memo urging Biden’s pro-union Board to declare that employers can no longer hold “captive audience” meetings.  “Captive audience” meetings, which are currently permitted, occur when employers hold mandatory meetings, during working hours, to present facts, opinions, and reasons to vote against forming a union during an election campaign. 

The National Labor Relations Act (“NLRA”) already limits what employers can say during “captive audience” meetings.  For example, employers cannot legally promise pay increases, threaten to reduce pay or benefits, or ask employees what they think about the union during such meetings.  Despite these limitations, Abruzzo argues that “captive audience” meetings are inherently coercive and violate an employee’s right to “refrain” from any and all union activity under the NLRA.  Unsurprisingly, Abruzzo’s goal to further limit employers’ rights during election campaigns comes just as union organization efforts have seen a dramatic surge.  

Abruzzo is clearly on a mission to expand access to employees for unions while narrowing access for employers.  If her efforts to outlaw “captive audience” meetings are successful, it will be much more difficult for employers to convey their message and concerns about unionization to their employees.  

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For more than 30 years, CDF has distinguished itself as one of the top employment, labor and immigration firms in California, representing employers in single-plaintiff and class action lawsuits and advising employers on related legal compliance and risk avoidance. We cover the state, with five locations from Sacramento to San Diego.

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San Diego Associate Attorney. Taylor has experience defending employers of all sizes in employment-related claims regarding wrongful termination, discrimination, harassment, retaliation, and employment-related tort and contract claims. Taylor also has experience defending management in wage and hour class actions and PAGA representative actions. Taylor is a member of the Lawyers Club of San Diego and received her Juris Doctor from the University of San Diego School of Law, where she was a member of the Student Bar Association, Employment and Labor Law Society, Business Law Society, and Women’s Law Caucus.
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