On November 13, the National Labor Relations Board issued a decision in Amazon.com Services making it unlawful for employers to hold mandatory meetings with employees to discuss unionization and its potential impact.

The following can be attributed to CDW Chair Kristen Swearingen:

“In the last week, NLRB Chair Lauren McFerran has issued two decisions aimed at silencing debate on the merits of a particular union or unions generally. McFerran’s actions are part of her and other Democratic Board members’ ongoing effort to cancel employer speech. The Board decisions will make it harder for employees to hear the pros and cons of unionization before casting their secret ballot vote for or against union representation. The Supreme Court, Congress, and the Board itself have all recognized and protected employers’ free speech rights and their ability to discuss unionization with their employees. Nonetheless, the Board is taking it upon itself to muzzle employers, leaving workers unable to obtain a full picture of what unionization could mean for them. As dissenting member Kaplan explained, this rule will crush the ‘uninhibited, robust, and wide-open debate in labor disputes’ that Congress so clearly intended and the courts have promoted.

“Moreover, the Board chose to abandon this precedent, which has stood for more than 75 years, without first seeking input from the public. The impact of this decision will be immense, and the Board’s failure to obtain public comment is shocking and inexcusable.”