Labor Law Attorneys Provide Insight into National Labor Relations Board Captive-Audience Ruling in HR Daily Advisor

01.03.2025

Stinson LLP Partner Matthew Tews, Of Counsel Grant Mulkey and attorney Patrick Busch authored an article for HR Daily Advisor, "What NRLB Captive-Audience Ruling Means for Employers."

The attorneys analyze the recent National Labor Relations Board (NLRB) ruling in Amazon.com Services LLC regarding captive-audience meetings, which overturned decades of established labor law under the National Labor Relations Act (NLRA) and significantly impacts how employers can communicate with their employees about unionization.

The attorneys emphasize that, going forward, an employer will violate the NLRA if it requires its employees to attend a meeting where the employer shares its First Amendment-protected, NLRA-protected, lawful views on unionization. They also highlight the NLRB's guidance for permissible voluntary meetings in the workplace on worktime, noting that the boundaries of this guidance because of its current ambiguities will be left to litigation.

"Amazon likely doesn't change much for employers who have faced recent union-organizing efforts. It is also possible, even probable, that Amazon will be overturned in relatively short order by a new NLRB with a Republican majority, but employers should consider its ramifications," the attorneys write. "Until the Supreme Court decides the lawfulness of captive-audience meetings, this area of labor law—like so many others—will be in flux as NLRB majorities change."  

Busch has extensive experience in labor and employment law, focusing on management-side representation for a diverse range of clients, including individuals, small businesses and large corporations, in physical and digital workplaces.

Mulkey focuses his practice on all aspects of traditional labor law, including collective bargaining, contract administration, grievance arbitrations and administrative proceedings, and strike preparations. He advises clients on issues involving the NLRA, the Railway Labor Act, the Federal Service Labor-Management Relations Statute, and various state labor relations statutes.

Tews has deep experience in all areas of traditional labor law. He helps employers, ranging from the Fortune 50 to small businesses and unionized employers of all sizes, find the right solution for their unique labor and employment objectives. Tews is also an experienced employment counselor, litigator, and appellate attorney, and has defended nearly every type of employment claim in state and federal court as well as in administrative proceedings.

Read the full article.