Throughout this essay, I will discuss the differences between the following methods of obtaining recognition: NLRB elections and card check agreements (optional recognition through signed authorization cards). In addition, I will discuss the advantages and disadvantages of each method and which I believe accurately reflects the employee desires.
NLRB elections and voluntary acknowledgment are the most popular methods usually used by the unions, to get recognition. Other methods of obtaining recognition are Gissel take orders; Successor; events, and bought by catalog. However, we will concentrate NLRB elections and voluntary recognition of the application of this article.
According to the chief adviser Richard Maroko New York Hotel & Motel Trades Council, AFL-CIO, NLRB election is the most common method for determining employee selection, controlled NLRB election is, at its core, a secret ballot election. The NLRB is responsible for the conditions under which the elections and the period leading to it are free from any activities that may unduly influence employees.
On the other hand (quoting Labor Lawyer Richard Maroko), “voluntary recognition occurs entirely outside the NLRB context, where the employer agrees to recognize the unit on a show majority support.” In general, the support worker is shown by signed authorization cards rather than secret.
The difference between the above methods lie in the fact that the former is represented by “private election ballot” supervised NLRB while the latter is represented by a “map that takes place in public” outside the control NLRB
NLRB elections provide certain protection measures – the privacy of the polling booth. secret ballot, and public oversight. On the other hand, her campaign is to create a hostile opponents relationship than the employer (eg Wal-Mart) is intent on resisting workers self-organization can drag out litigation year, fearing little more than to send a written notice in the workplace promising not repeated unlawful conduct.
Advocates (most unions since the late 70s and in particular the University of Minnesota Labor Professor Erik Peterson, PhD) argued that the card check agreements build trust between union and employer and avoid expending public and private resources on unnecessary election campaigns . However, critics (eg http://www.laborlawyers.com ) argued that it lost certain protective features of the NLRB election – In a decision that depends more than 40 years of precedent, the National Labor Relations Board recently announced that “recognition Bar”, which precludes the Decertification elections in 12 months after the employer recognizes the union, does not apply when the accreditation is voluntary, based on card check. Dana Corp.; . Metaldyne Corp. 351 NLRB No. 28 (2007)
Personally, I thought the results NLRB elections reflects more accurately the employee desires, simply because the protective properties – the privacy of the polling booth; secret ballot, and public oversight. In the same vein (facing the reality of the current situation of companies), I sympathize with the unions to go the route of card check agreements, simply because they build trust between the union and the employer and avoid expending public and private resources on unnecessary election campaigns.
Finally, I discussed the differences between the following methods of obtaining recognition: NLRB elections and card check agreements (optional recognition through signed authorization cards). In addition, I discussed the advantages and disadvantages of each method and I believed more accurately reflects the employee desires.