Is the Captive Audience Rule Now on the Board's Hit List?

For over 50 years, employers have made their last appeal to employees to vote against a union as closely as possible to when the polls open and ballots start to be cast. According to National Labor Relations Board rules, that last appeal can be made no later than 24 hours before voting begins. This gives management the opportunity to lay out the facts, make an emotional appeal to support the company and get the last word in prior to the vote. This presentation is often referred to as the “24‐hour” or “captive audience” speech. In close elections, it has helped create the margin for an employer victory.