For almost 75 years, one of the inviolable tools available to companies contesting a union-organizing campaign has been the captive audience meeting. However, the general counsel for the National Labor Relations Board has taken dead aim at this tool and asked the Board to call such meetings unlawful under the National Labor Relations Act.
The permission to conduct captive audience meetings is not without limits. Board precedent has evolved to forbid captive audience meetings within 24 hours of a Board-conducted representation election.
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According to the general counsel, an unlawful captive audience meeting is any meeting concerning Section 7 activity, including not just traditional large group meetings but also more spontaneous individual or small group meetings that occur while employees are performing job duties.
While she acknowledged that routine meetings generally do not interfere with Section 7 rights, her broad construction of a captive audience meeting potentially implicates a wide range of routine employer/employee encounters.
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Hello i don't usually comment but i got to because this game t-this game is fooking amazing, really the voice actors, the story, the usual tasks the plot twist the annoying broadcaster everything was perfect, the idea of being captive while people looks at us and at some point you dont even know anymore if it is real or not, really hats off to everyone this is great !
I have a question though, that made me wonder: do the audience know that the participants are held here against their own will, and if so, why is this show allowed? Or is it just a make-pretend that they go along with? Either way, it was a really nice concept and I'd like to see more of this.
Both the theme song and the final score are original pieces we had composed for the game by two very talented musicians, and they're not currently available to download anywhere. We're getting a lot of requests for them at the moment though so keep an eye out as they may become available :) You can follow us on @captiveaudienc3 for updates etc!
I want to use captive audience in my sales copy but even though that phrase is exactly the meaning I am trying to convey, I want to avoid the word captive as it carries a negative connotation. Is there a 2 or 3 word phrase that has the same meaning but has a positive, or at least a neutral connotation?
Seventy-five years ago, the National Labor Relations Board ("NLRB") held in Babcock v. Wilcox Co., 77 NLRB 577 (1948) that employers may hold mandatory employee meetings on company property and during working hours to address issues related to union organizing. Following Babcock, these "captive audience" meetings have since become standard practice for employers to express their views to employees on union organizing and the ramifications that unionization could have on the workforce. As employer speech is otherwise highly restricted during periods of union organization, captive audience meetings are often one of the best tools for employers to dispel misconceptions about union membership and convey to employees why they may want to consider voting against joining a union.
Make no mistake, though, the current NLRB wants captive audience meetings banned. As we previously covered, the NLRB General Counsel issued a memo in April 2022 calling for the abolition of captive audience meetings, and actively seeking a test case for which to overturn Babcock. While the NLRB has not yet officially overturned its precedent, it is evident that captive audience meetings are being scrutinized closely.
While the publicity the Target video has received is unusual, the content of the video is not. A 2009 study by the Economic Policy Institute found that employers held captive audience meetings in 89% of union election campaigns between 1999 and 2003. The average employer held 10.4 meetings during the course of an election campaign. Moreover, the effect of the meetings was not negligible. Whereas the union win rate in elections in which captive audience meetings were not utilized was 73%, that figure dropped to 47% when management employed mandatory meetings.
Under the NLRA, as interpreted by the NLRB and the courts, employers can require employees to attend captive audience meetings, discipline or discharge employees who refuse to attend, leave early, or ask questions, schedule as many meetings as they like, and hold the meetings at any time during the work day as long as it is not within 24 hours of a scheduled election. On the other hand, unions have no right to hold their own captive audience meetings, nor are employers required to permit union organizers access to company property or employee lists.
Wisconsin passed its own captive audience ban in May 2010, but when business groups challenged the law in federal court, the State agreed to a settlement in which it acknowledged that the prohibition on captive audience meetings was preempted by the NLRA. Other states, including Connecticut, West Virginia, New Mexico, Michigan, and Washington, have proposed similar legislation, but none of the bills have passed.
On the federal level, where preemption is not an issue, union supporters have been pushing for years for the enactment of the Employee Free Choice Act (EFCA). Introduced in 2007 and again in 2009 (but never passed), EFCA would have alleviated some of the problems caused by captive audience meetings, but it would not have banned them outright. By permitting card checks, the law would have diminished or eliminated the opportunity for employers to use captive audience meetings to interfere with organizing drives. That is because, as Paul Weiler observed about 30 years ago, the time period between when the union petitions for an election and when the election is actually held, is a period rife with employer interference. Card checks effectively close that window.
On Tuesday, members of the Maine State Nurses Association and non-union workers testified in support of a billtag_hash_108would crack down on employee intimidation during union drives. LD 1756, sponsored by Sen. Mattie Daughtry (D-Cumberland), would strengthen our Constitutional right to Freedom of Association by prohibiting employers to force employees to attend these type of captive audience meetings to be lectured about unions, politics and religion.
This is a very common tactic that employers use to defeat union drives and has been deployed recently at numerous workplaces in Maine, including Maine Medical Center and Shalom House. Jillian Gruber, a residential support workers at Shalom House in Portland, described how the publicly funded social service agency pulled employees away from their clients to attend mandatory anti-union captive audience meetings after the workers filed their union petition.
"At the anti-union meeting, I felt talked down to and my concerns dismissed. My coworkers and I did not have a fair and equal opportunity to discuss anti-union claims that were being made, nor did it feel like a safe environment to do so," said Gruber. "Administrative employees and managers who are not part of the bargaining unit were interspersed in the audience of the meeting in a way that felt manipulative, isolating, and pressuring. I left the meeting with a greater sense of mistrust, and I witnessed a coworker immediately call their supervisor to resign after the meeting because of what they experienced."
According to organizers for the Amazon Labor Union, the group led by current and former warehouse workers, attendance at the daily so-called captive audience meetings are a requirement and have been occurring for weeks leading up to the vote, which ends on Wednesday.
While these mandatory meetings (including but not limited to captive audience meetings) remain lawful for the time being, employers who utilize them to campaign or communicate with employees run the risk of drawing attention from the general counsel. Employers that use these meetings as part of an election campaign and prevail in a labor election run the risk that the use of mandatory meetings may invalidate the outcome of the election.
In Rowan v. U.S. Post Office Department (1970), the Court invoked the captive audience doctrine to uphold a statute permitting individuals, with the assistance of the postal service, to prevent the delivery of offensive mail. Although conceding that the statute impeded the flow of ideas, the Court held that this impediment was subordinate to the right of people in their homes to be free from unwanted material.
In upholding a zoning ordinance prohibiting adult theaters from locating within 500 feet of a residential area, the Court in Young v. American MiniTheatres (1976) effectively found that an entire neighborhood constituted a captive audience.
The courts have also recognized the rights of captive audiences outside the home to be free of unwanted speech. In Lehman v. City of Shaker Heights (1974), finding that streetcar riders are a captive audience, the Court upheld restrictions on political advertisements played over speaker systems in public transit vehicles. As the Court recognized, individuals riding in a moving vehicle for an extended period of time are unable to avoid objectionable speech.
When employing the doctrine, the courts elevate the desire of the audience to exclude speech over that of the speaker to convey it, but aside from the few cases in which it has been applied, the captive audience doctrine has not exerted a prominent influence in First Amendment jurisprudence. be457b7860
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