NLRB’s ‘Captive Audience’ Memo Slammed by Republican Lawmakers
Washington,
June 27, 2022
By Paige Smith | June 27, 2022 1:14PM ET
A National Labor Relations Board memo that declared war on “captive audience” meetings, a common anti-union tactic used by employers, came under fire from congressional Republicans.
Sens. Richard Burr (R-N.C.) and Mike Braun (R-Ind.), and Reps. Virginia Foxx (R-N.C.) and Rick Allen (R-Ga.), on Monday called the guidance from the labor board’s legal arm a “flagrant disregard of applicable case law and precedent,” and an effort “to further a partisan objective.” The four Republicans are ranking members on House and Senate labor committees.
NLRB General Counsel Jennifer Abruzzo issued the memo in April, taking a more targeted aim at the meetings than previous officials. Employers sometimes hold “captive audience” meetings, or compulsory events used to denounce unionization, during labor organizing campaigns.
“The ability of an employer to communicate its views on unionization via mandatory meetings is a long-standing right that has been upheld by the Board for decades and is embodied within the statutory language” of labor laws, the Republicans said in their letter.
Republicans—Foxx in particular—have served as watchdogs of the Biden administration’s labor agenda, potentially foreshadowing the oversight Abruzzo and the labor board will face if the GOP regains control of both the House and Senate in the November election cycle.
“In previous correspondence, Senator Burr impressed upon you the impropriety of using memoranda to impose policy preferences beyond the Board’s statutory authority,” the letter said.
“Senator Burr cautioned you that replacing decades of case law and legislative text with one’s own personal views and preferences undermines the Board’s reputation, risks the prospect of frivolous litigation, and distracts the Board from its fundamental mission.” The lawmakers requested responses to their inquiries by July 12.
To contact the reporter on this story: Paige Smith in Washington at psmith@bloomberglaw.com To contact the editors responsible for this story: Laura D. Francis at lfrancis@bloomberglaw.com; Martha Mueller Neff at mmuellerneff@bloomberglaw.com
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