Continuing the trend in an already pro-union state, the General Assembly is considering a “captive audience” bill which would outlaw “captive audience” meetings by employers in response to union organizing efforts.
For decades, federal and state law has permitted employers to hold mandatory meetings during work hours where they would have an opportunity to explain why voting in favor of unionization would not be in their best interests. The legislation, if passed, would prohibit such meeting.
Further, the law permits unions to make promises of future benefits and wage increases, but prohibits employers from doing so, during a union organizing campaign. Under current law, mandatory employee meetings afford employers an opportunity to explain, among other things, that no matter what a union may promise, the employer still must agree to any changes to wages or benefits. The employer is also allowed to present factual information about unionizing the workforce, such as the employer will be prohibited from dealing directly with an employee and making exceptions based on individual circumstances. An employer may also want to point out that employees would now have to pay union dues. The proposed legislation would only permit an employer to present such information in written form. However, sending employees written communications is no substitute for meeting face to face with employees (in person or virtual) as there is no guarantee employees will read the written information, and that would not allow for follow-up questions and a dialogue.
The legislation is likely to be challenged as pre-empted by Federal law (if passed, as similar challenges have occurred in the handful of other states where such legislation has been passed).
We will update readers on this blog if and when the final legislation is passed.