National Labor Relations Board (“NLRB” or the “Board”) General Counsel, Jennifer Abruzzo released a Memorandum on April 7, 2022, stating that she would seek to ban mandatory anti-union meetings in the workplace. Abruzzo’s memorandum, addressed to the regional directors, stated that anti-union meetings “inherently involve an unlawful threat that employees will be disciplined or suffer other reprisals if they exercise their protected right not to listen to such speech.” Abruzzo believes that prior Board cases that have permitted such meetings, are “at odds with fundamental labor-law principles, our statutory language, and our congressional mandate,” and thus, Abruzzo plans to “urge the Board to reconsider such precedent and find mandatory meetings of this sort unlawful.” This proposal is a significant departure from the Board’s precedent, which has held that such meetings are a lawful tool for employers to express their point of view on union representation. Abruzzo’s directive also appears to conflict directly with Section 8(c) of the National Labor Relations Act, which preserves the right of an employer to express facts, opinions, and experiences to employees regarding unions, so long as the statements contain no threat of reprisal or promise of benefit.

General Counsel Abruzzo urged the Board to upend current precedent and require the employer to, at the least, put forth “assurances… to employees in order to make clear that their attendance is truly voluntary.” Abruzzo argues that “[s]uch an approach will appropriately protect employers’ free-speech rights to express views, arguments, or opinions concerning the employees’ exercise of Section 7 activity without unduly infringing on the Section 7 rights of employees to refrain, or not, from listening to such expressions.”

Abruzzo’s memorandum has serious implications for all employers who are facing or may face an organizing campaign in the future. However, it does not appear that Abruzzo’s memorandum is limited to mandatory meetings during an organizing campaign. While the law currently allows mandatory meetings concerning unions, Employers need to be aware that this may soon change.

Once upon a time, if someone wanted to change a law, they would have to appeal to Congress. In General Counsel Abruzzo’s view, all you have do now is issue a memorandum.