Fasano, 042618 CTAGO, AGO 2018-2

Case DateApril 26, 2018
CourtConnecticut
The Honorable Leonard A. Fasano
AGO 2018-2
No. 2018-02
Connecticut Attorney General Opinions
Office of the Attorney General State of Connecticut
April 26, 2018
         The Honorable Leonard A. Fasano          Senate Republican President Pro Tempore          State of Connecticut          Senate          Legislative Office Building, Suite 3400          300 Capitol Avenue          Hartford, CT 06106-1591          Dear Senator Fasano:          You have asked for a formal opinion on whether House Bill 5473, An Act Concerning Captive Audience Meetings (HB 5473), is preempted by federal law. Specifically, you ask whether the provisions of HB 5473 that would prohibit employers from requiring employees to attend employer-sponsored meetings if the primary purpose of the meeting is to communicate the employer's opinion concerning the decision to join or support a labor organization are preempted by the National Labor Relations Act (NLRA). We conclude that a court, if faced with the issue, would likely hold that such a provision is preempted.          Background          HB 5473 provides that, with certain enumerated exceptions not relevant to this discussion,
no employer, or agent, representative or designee of such employer shall require an employee to attend an employer-sponsored meeting with the employer or its agent, representative or designee, the primary purpose of which is to communicate the employer's opinion concerning political or religious matters, except that an employer or its agent, representative or designee may communicate to an employee any information concerning political or religious matters that the employer is required by law to communicate, but only to the extent of such legal requirement.
HB 5473, § (1)(b) (emphasis added). "Political matters" are defined as "matters relating to: Elections for political office, political parties, legislation, regulation and the decision to join or support any political party or political, civic, community, fraternal or labor organization." Id., § (1)(a)(3) (emphasis added). "Employer" is defined as "a person engaged in a business who has more than one employee, including the state and any political subdivision of the state." Id., § (1)(a)(1).          HB 5473 further prohibits an employer from taking adverse employment actions because an employee has reported a...

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