These trends notwithstanding, California-based unions continue to actively organize and file charges following the Board's alterations of election procedures in Cemex, among other things, and employers may want to work with counsel and consider the following actions:

• Develop a strategic, company-wide labor relations plan. The focus should be on positive employee relations and ensuring a positive employee experience to make unions unnecessary.
• Conduct appropriate education efforts with both supervisors and hourly employees on unionization and how a union in the workplace can affect them. Topics for such training include the revised NLRB election procedures; their impact on the organization; the significance of authorization cards; early warning signs of union activities; and how to communicate lawfully to employees about unions.
• Consider regular messaging consistent with the organization’s labor relations approach. Again, the focus should be on positive employee relations, with an emphasis on ensuring that employees have a positive experience in the workplace. Market to employees as you would with your customers or investors.
• Review your organization for areas of risk and consider ways to address and eliminate legitimate workplace issues now or other ways to cultivate a positive workplace culture. Identify issues and create strategies to address them. For example, assess supervisor strength to ensure strong management with an employee-centered focus.
• Utilize social media to showcase real-life employee experiences, social consciousness efforts and other positives.
• Perform pulse checks, including tracking complaints to identify potential areas for concern. Strategically address issues and concerns.
• Review supervisor designations and the relevant job duties of supervisor positions and consider adjustments based on practical and legal considerations.
• Consider what bargaining unit(s) would be considered appropriate and which employees should be included and excluded from those units. If possible, shape such bargaining units to establish the best units from an employer perspective in light of recent NLRB decisions.
• Develop a representation case litigation plan, including knowing in advance the necessary position statement information and potential legal arguments.
• Proactively gather employee information, including full names, home addresses, email addresses, home and cell phone numbers, work locations, shifts and job classifications.
• Consider and prepare certain draft communications to employees that can be finalized quickly in the event of union activity.
• Identify and train a rapid response team who will be ready to act in the event of union activity.
• Be mindful of continuing changes to laws applicable to employers during an organizing campaign.

On November 13, 2024, the Board overturned Babcock & Wilcox Co., ruling that an employer violates the Act by requiring employees to attend a meeting at which the employer expresses its views on unionization.2 The Board also established a safe harbor from liability for employers who, if reasonably in advance of a meeting, informs employees of the following:

• The employer intends to express its views on unionization at a meeting at which attendance is voluntary;
• Employees will not be subject to discipline, discharge, or other adverse consequences for failing to attend the meeting or for leaving the meeting; and
• The employer will not keep records of which employees attend, fail to attend, or leave the meeting.

In recent years, several states have done away with captive audience meetings through legislation. For example, in California, captive audience meetings became unlawful effective January 1, 2025.3 Under the California Worker Freedom from Employer Intimidation Act, employers were prohibited from threatening to or subjecting an employee to discharge, discrimination, or retaliation because the employee refuses to attend an employer-sponsored meeting or declines to listen to any communications with the employer where their purpose is to communicate the employer’s opinion about religious or political matters, including unions.

However, a few days after the Act went into effect, several business groups filed a lawsuit in the Eastern District Court of California challenging its constitutionality. In October 2025, the Court issued a preliminary injunction temporarily prohibiting the Act's enforcement.4 In doing so, the Court found that the NLRA preempted the Act by restricting employers from mandating captive audience meetings. The Court additionally ruled that the Act constituted content-based speech regulation because it targeted employer communications concerning political or religious matters. California's Division of Labor Standards Enforcement is enjoined from enforcing the Act while further litigation is pending and until the Court orders otherwise.

For more information regarding election procedures, visit the NLRB’s website to access the following information:

• GC 15-06 Guidance Memorandum.
• FAQs.
• Petition forms.
• Statement of position forms.
• Certificate of service forms.

1. Gallup News Service, Labor Union Approval Relatively Steady at 68% in U.S.