In a memo to the agency’s offices (pdf), Abruzzo wrote that forcing employees to attend meetings under threat of disciplinary action was “inconsistent” with existing labor laws. “This leave of absence is an anomaly in labor law, which is not in line with the protection of the free choice of workers by law. “It is based on a fundamental misunderstanding of employers’ speech rights,” he wrote in the note. “I believe that the precedent of the NLRB case, which tolerated such meetings, runs counter to the fundamental principles of labor law, our constitutional language and our mandate in Congress. Because of this, I intend to urge the Board of Directors to reconsider such a precedent and to consider such mandatory meetings illegal. “ Under the proposed rule, the NLRB would require employers to tell their employees that participation is voluntary in any meetings to discuss unionization. This will protect employers ‘freedom of speech, while not violating employees’ right to decide whether to listen, Abruzzo said.
