Mandatory Meetings: US

This Mandatory Meetings policy sets clear expectations for how your organization will handle communications about unionization, specifically by letting employees opt out of employer-sponsored meetings or messages that are designed to express your views on unionization, without discipline, threats, retaliation, or any negative impact on their jobs. Given recent (but contested) guidance by the NLRB, it reflects a growing compliance and employee-relations best practice as more jurisdictions restrict so-called "captive audience" meetings and as employers look for a consistent, culture-first approach that reduces risk.

The History Behind Mandatory Meetings Policies in the US

Captive Audience Meetings became a standard union-avoidance tactic in the mid-20th century, especially in manufacturing and later in retail and logistics. Federal labor law largely left room for the practice. The National Labor Relations Act (NLRA) protects employees' organizing rights, and Section 8(c), added by the 1947 Taft-Hartley amendments, protects an employer's right to express views about unions as long as the message avoids threats or promises of benefits.

 

The National Labor Relations Board (NLRB) reinforced that space in cases like Babcock & Wilcox Co. (1953), which favored employer control over workplace property and access during organizing drives. The Board also treated mandatory on-the-clock meetings about unionization as generally lawful if the content stayed on the "opinions, not threats" side of the line, which made attendance feel like a job requirement even when the topic was not the job. Employers wrote internal rules to keep these meetings consistent and to avoid statements that could trigger an unfair labor practice charge under Section 8(a)(1).

 

State lawmakers started pushing back first, with laws like Oregon's 2009 Worker Freedom Act restricting mandatory meetings about political, religious, and, in practice, union related subjects. However, the bigger recent shift came in November 2024, when the NLRB ruled in Amazon.com Services LLC that employers violate the NLRA if they require employees, under threat of discipline or discharge, to attend meetings where the employer expresses its views on unionization. The Board overruled Babcock & Wilcox, said employers may still communicate their views through genuinely voluntary meetings, and turned Mandatory Meetings policies into a federal compliance issue, even for employers in states that don't have a Religious and Political Meeting law on the books.

Which Law is the Mandatory Meetings Policy Meant to Comply With?

If you create and distribute a Mandatory Meetings policy, it's meant to comply with the NLRB's 2024 decision that an employer violates the National Labor Relations Act by requiring employees under threat of discipline or discharge to attend meetings in which the employer expresses its views on unionization. If you're in a state that general bans on mandatory Religious and Political Meetings, you should use one of those policies instead.

How to Write an US-Specific Mandatory Meetings Policy

  • Start with "why" and introduce the concept.
  • State that your organization will not require employees to attend meetings or receive communications intended to share the organization's views on unionization.
  • Explain that employees may opt out of unionization-related meetings or messages without any negative job consequences.
  • Prohibit retaliation or threats for raising a good-faith concern that the policy was violated.
  • Clarify that the policy does not restrict legally required communications, voluntary unionization discussions, casual employee conversations, or job-required and legally required training communications.
  • Include a simple path for employees to ask questions or report concerns about potential violations.

When to Include this Policy in Your Employee Handbook

The law does not require you to publish a policy or issue a specific notice. That said, you still have to comply with the requirements that apply to you as an employer. 

 

This is a "depends on your workplace" policy. Include it if you offer the benefit, operate in a setting where this comes up, have a state-specific rule that differs from your national approach, or you've had issues in this area before. If you already have a clear all-employee policy that covers the same ground, you may not need a separate policy here. 

Other Considerations

The law applies to US employers who have at least 1 employee in the US.

Exceptions

None.

Model Policy Template for a Mandatory Meetings Policy

Mandatory Meetings

You have the right to choose whether or not you want to hear our opinions on unionization.

{​{​Organization Name​}​} won’t require you to attend meetings or listen to communications that are designed to express our opinions about unionization. If we hold a meeting or send a message about unionization, you’re free to opt out without fear of discipline, threats, retaliation, or any negative impact on your job.

 

We also won’t retaliate (or threaten to) if you, or someone on your behalf, makes a good-faith report that we may have violated this policy.

 

This policy doesn’t limit us from:

  • Sharing information we’re legally required to provide;

  • Holding optional meetings about unionization where attendance or listening is voluntary;

  • Having casual conversations between {​{​employees​}​} about unionization; or

  • Communicating what’s necessary for your job or required by law (like anti-harassment or safety training).

 

If you have questions or concerns, or think this policy has been violated, contact your {​{​manager​}​} or {​{​the HR Team​}​}.

Reminder

The information provided here does not, and is not intended to, constitute legal advice. Only your own attorney can determine whether this information, and your interpretation of it, applies to your particular situation. You should contact legal counsel for advice on any specific legal matter.