BOSTON, MA (July 22, 2025) – The National Federation of Independent Business (NFIB), a prominent small business advocacy group, has issued a statement regarding legislation currently under review by the Joint Committee on Labor and Workforce Development.
“Captive audience legislation claims to protect workers from mandatory meetings on their employer’s political and religious views but instead prohibits business owners from discussing the impact of unionization efforts,” said NFIB Massachusetts State Director Christopher Carlozzi. “This proposal tramples the constitutionally protected free speech rights of business owners simply attempting to convey to their workforce the very real-world consequences of forming a union. Because changes to the workplace will affect their jobs, workers should have information from both sides, not just labor, when considering the formation of a union.”
Historically, employers’ free speech regarding unionization discussions was safeguarded by the National Labor Relation Board’s 1948 Babcock & Wilcox Co. decision. This allowed owners to require captive audience meetings in a non-coercive manner. However, in 2024, an NLRB decision involving Amazon.com LLC altered this stance by disallowing mandatory meetings but permitting voluntary gatherings. House Bill No. 2183 seeks to override federal law and permits employees who feel penalized for not attending voluntary meetings to take legal action against their employer.
“This legislation is a solution in search of a problem and will expose the Commonwealth’s employers to frivolous lawsuits,” continued Carlozzi. “It does not just prohibit employers from having the ability to counter labor union misinformation; it dangerously prevents vital information from reaching workers on their very livelihoods.”
For over eight decades, NFIB has been an advocate for small and independent businesses across America, maintaining its dedication since its founding in 1943.
