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NLRB Extends Ban on Captive-Audience Meetings Prior to Mail Ballot Elections

In its Jan. 29 decision in Guardsmark, LLC, the National Labor Relations Board (NLRB) extended its restriction on captive audience meetings in the run up to a mail ballot union election by an additional 24 hours. Captive-audience meetings occur when an employer holds a group campaign meeting with employee voters during work hours to oppose union representation. The NLRB prohibits these meetings in the 24 hours leading up to the “scheduled time for conducting” a manual election; however, the NLRB had not imposed a similar preliminary ban in mail ballot elections until the Guardsmark decision.

Prior to its recent decision, the NLRB only prohibited captive-audience meetings between the scheduled mailing and return of the ballots; however, Guardsmark adds an additional day to the restriction. Specifically, the NLRB identifies the scheduled mailing as the “time for conducting” the election. As a result, the NLRB now bans captive-audience meetings in the 24 hours before the Regional Office is scheduled to mail election ballots, expanding the 24-hour restriction in place for manual voting to cover mail ballot elections as well.

Click here to view the Guardsmark, LLC decision.

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