The Biden administration prohibits employers from discussing unionization with employees during mandatory meetings.

On Wednesday, the National Labor Relations Board (NLRB) under the Biden administration issued an opinion prohibiting businesses from sharing their opinions on unionization with a captive audience of employees.

The board ruled that Amazon's mandatory meetings, during which representatives allegedly pressured employees to reject unionization, violate the NLRA, which was enacted in 1935 to safeguard workers' right to organize.

"The NLRB Chairman, Lauren McFerran, stated in a Wednesday press release that one of the fundamental goals of the National Labor Relations Act is to ensure that workers can make a truly free choice about whether they want union representation. However, captive audience meetings, which allow employers to force their message about unionization on workers under threat of discipline or discharge, undermine this important goal. Today's decision by the NLRB better protects workers' freedom to make their own choices in exercising their rights under the Act, while ensuring that employers can convey their views about unionization in a noncoercive manner."

The NLRB, led by appointees from President Biden, stated various reasons why they believe "captive audience" meetings are illegal.

These meetings were found to violate employee rights under Section 7 of the NLRA, which safeguards employees' right to participate or refrain from "collective action" related to bargaining.

Employers were granted the option to participate in voluntary meetings to express their opinions on unionization.

The NLRB's only Republican member, Marvin Kaplan, argued that the board's decision prohibiting "captive audience" meetings was a clear violation of the Constitution.

Kaplan wrote that the majority's effort to prohibit "captive-audience speeches" echoes an earlier time when the Board aimed to enforce a policy of strict neutrality regarding unionization.

An Amazon spokesperson reiterated Kaplan's arguments in a statement to Courthouse News Service.

"Amazon spokesperson Mary Kate Paradis stated that the decision disregards 75 years of precedent, contradicts the NLRA's express language, and violates the First Amendment. The decision is incorrect on both facts and law, and Amazon intends to appeal. Meetings like this are held by many companies to help employees make informed decisions about union membership."

Neither the NLRB nor Amazon responded to Planet Chronicle Digital's inquiries before publication.