Posts tagged NLRB precedent
NLRB General Counsel Requests Reversal of Ban on Employer “Captive Audience” Meetings During Union Organizing Drives
May 20, 2026 // The General Counsel of the National Labor Relations Board (the “Board” or “NLRB”) is signaling a significant shift in federal labor policy by taking the position that two Biden-Era Board decisions—both of which imposed new restrictions on employers fighting union drives—were wrongfully decided. In challenging the Board’s 2024 NLRB decisions in Amazon.com Services LLC and Siren Retail Corp., General Counsel Crystal Carey argues that the Board improperly departed from longstanding precedent. Amazon.com Services LLC, 373 NLRB No. 136 (Nov. 13, 2024) A “captive audience” meeting is a mandatory meeting held during working time in which an employer addresses employees during a union organizing campaign and expresses its views opposing unionization. For more than 75 years, the Board considered such meetings lawful under settled precedent. Mandatory captive audience meetings were a common and effective tool used by employers to respond to union organizing efforts. In November 2024, however, the Board’s Democrat majority reversed that longstanding precedent in Amazon.com Services, LLC and held that requiring employees to attend anti-union meetings could unlawfully interfere with employees’ Section 7 rights under the National Labor Relations Act (“NLRA”) (see client alert here).
NLRB Refrain From Overturning Biden-Era Precedent – For Now
February 8, 2026 // Given a Circuit split in reviews of Board cases on the issue and the Board’s departure from longstanding precedent when it decided Thryv, many practitioners considered itto be ripe for reconsideration by the newly instated Republican-majority Board. In a footnote, however, new Members Mayer and Murphy declined to express any opinion on the expanded remedies created by Thryv. Rather, they explained that the Board will continue to apply existing precedent “in the absence of a three-member majority to overrule it.” Members Mayer and Murphy’s decision to respect this tradition signals that federal labor law – including the union-friendly Biden-era decisions – will likely remain status quo for the foreseeable future.
A Republican-Led NLRB May Soon Revisit Expanded Remedies and Other Labor Precedents
October 30, 2025 // The HELP Committee’s approvals signal a likely realignment in the months ahead but not an immediate one, as it remains unknown as to when or whether the NLRB will have a quorum. A new NLRB majority may act quickly once seated to revisit recent precedents—not only Thryv, but also rules governing joint-employer status, independent-contractor classifications and union election procedures. The coming months will be a period of heightened uncertainty for employers navigating ongoing unfair labor practice matters.
Under Trump, Student Labor Organizers Face New Challenges
August 7, 2025 // Anticipating a rollback of recent NLRB precedent, some unions have withdrawn petitions for recognition, looking for other paths to continue their work.