Introduction
Captive audience meetings refer to assemblies organized by employers to dissuade employees from joining workers unions. Such meetings normally take place within the place of work and during work hours. It is mandatory for all employees to attend; failure which may lead to their termination from the place of work. In addition, the employer has the liberty to implement rules and regulations that prevent the employee from asking questions or sharing opinions in regard to the subject matter of the meeting (Secunda, 2010).
The concept of captive audience meetings is one that has spurred a lot of contention in both labor relations and constitutional law. On the one hand, employees have the right to join any union they fancy and take part in its activities. On the other hand, employers rely on the provisions of the Constitution of the United States of America to protect their freedom of speech and preach to the employees against joining these unions. The result is a tug of war between unionists and employers over competing labor interests. The point of balance is yet to be determined and until then, the war continues.
Opening Statements
Companystooge
The First Amendment Right to Free Speech guarantees all employers the right to share information without it being curtailed. As masters of their own trade, employers have the right to be heard. They have the freedom to share ideas and impart knowledge to employees concerning matters that directly affect the running of the organization. Such matters include subversive employee behavior—that is readily accepted by workers’ unions.
It is without doubt that all individuals are created differently and having grown under different circumstances, their ways of thinking differ. The place of work brings together various individuals to merge ideas and create something that is beneficial to the workers and their employers. Thus employers reserve the right to determine the direction they feel is most suitable for the task at hand. In this regard, the employer should freely address his employees—who owe him a duty of audience. After all, captive audience meetings do exist for the mutual interests of both the employer and the employee.
Uniongal
The National Labor Relations Act recognizes the freedom of the employee to join any workers’ union and participate in its activities. The fight for fair treatment at the place of work is one that has come a long way from the days of the Agrarian Revolution. Employees ought to work in a friendly environment where they are guaranteed a security of tenure. They deserve a peace of mind—free from intimidation, threat or fear of losing their jobs for asserting their rights. Workers should be able to choose what they wish to listen to without being forced.
Workers unions were formed to fight for the rights of the employees. They act as checks and balances of employers’ conduct in order to ensure full compliance with the law and the smooth running of business at the place of work. Where there is need to negotiate over terms of employment, it is the union that speaks on behalf of the employee. It is therefore unfair for employers to force employees to listen to them preach against the noble works of the unions without giving union representatives an equal opportunity of reply.
All employees deserve a fair chance of representation. The very nature of humanity dictates that there has to be a balance in nature—if employers compel their workers to listen to them speak against workers’ unions, then it is only natural for the union representatives to demand a similar opportunity—under the same terms and conditions as those of the employer—to tell the workers the advantages of joining unions and how they stand to benefit should they choose to become members.
The Debate
Companystooge
Employers hire workers for one specific purpose—to provide labor. Employees freely sign employment contracts before they are employed to serve in a particular sector. They enter into contractual obligations with the employer on volition. Out of their own will, they sign the employment contract. The agreement normally contains the terms of service of work and by signing the document; the employers subject themselves to all rules and regulations of the work place. Before joining the organization as its servant, the employer provided adequate opportunity for the potential employee to assess the conduct of business in the workplace. By signing the agreement, the employee waived his right to challenge the regulations, including those requiring mandatory attendance of captive audience meetings. Their signature binds them to the contract.
Uniongal
There are many circumstances that lead an employee to settle down to a particular offer by an employer. The most crucial one is the desire for survival. This is the most basic instinct of every living creature. A willing worker agrees to the terms of employment and labors for the employer in the hope of getting some of remuneration. After working for some time, the conditions of work may deteriorate so much that the terms of the contract would not suffice to guarantee the survival of the worker. Employers are notorious for ignoring the plight of their employees and this where the union comes in. The union acts as the voice of the workers. It has the recognition of the law and is empowered to fight for the rights of employees. It is the union that ensures that the minimum standards of work are complied with. Accepting the terms of an employment contract should not be interpreted to mean that the employee has signed a death warrant.
Companystooge
Sanctions are necessary to ensure that all employees attend the meetings. It is for the good of the workers that they desist from joining unions that corrupt their sense of judgment. The workplace provides a means of survival for the employee. The conditions of work are matters that can and should be solved internally and without interference from third parties. Therefore, if workers wish to maintain their position at the organization, then they ought to comply with its rules or suffer the consequence. It is crucial that workers cooperate unequivocally with their employers.
Uniongal
All individuals have the right to choose what is best for them. The freedom to elect who they associate with and in what manner is inherent to all human beings. If the employers truly have a good cause to dissuade employees from joining unions, then they ought to offer the workers an equal chance to listen to opposing views on the subject (Slinn, 1998, p. 695). The meetings should not be compulsory for everyone but only those who wish to attend.
Conclusion
The National Labor Relations Act seeks to protect workers from any form of exploitation by the employer. Permitting captive audience meetings defeats this purpose. Section 8 of the NLRA should be interpreted to protect the interests of the workers and put a ban on mandatory attendance of captive audience meetings. Unions protect the interests of the employee thus workers should be allowed to participate more in their activities without fear of termination by the employers. All workers deserve to know their rights at the work place and the means of resolving conflict at the work place. The employer should allow the employee to participate fully in the union. In addition, the ban against promoting unionism at the work place ought to be lifted.
References
Secunda, P. (2010). Addressing Political Captive Audience Workplace Meetings in The Post-Citizens United Environment. Yale Law Review, 67(2). Web.
Slinn, S. (1998). Captive Audience Meetings and Forced Listening. Web.