Does Current Law Require “Card-Check” Union Recognition?

Introduction

This paper describes the process that governs whether or not employees have union representation. In the United States, the National Labor Relations Act (“NLRA” or “Act”) governs how most employees can exercise the right to have union representation if they choose. The NLRA—originally enacted in 1935, with important amendments in 1947 and 1959—protects the right “to form, join, or assist” a union, and it also protects “the right to refrain from any or all of such activities...”

The NLRB is the agency responsible for enforcing the NLRA, which gives the NLRB two main responsibilities. First, after a union representation petition is filed, the NLRB is required to investigate the petition and conduct a secret-ballot election to determine whether a majority of employees supports or opposes union representation. Second, if a charge is filed alleging that an employer or union has violated the Act, the NLRB decides whether the employer or union engaged in unlawful conduct, which is called an unfair labor practice. In unfair labor practice cases, the Board’s General Counsel functions as the agency’s prosecuting attorney. However, the Board decides whether any alleged violations have merit, and the Board’s decisions can be appealed to the federal courts of appeals, and possibly, the U.S. Supreme Court.

As Union Petitions Increase, NLRB General Counsel Wants to Change Rules to Favor Union Organizers

An NLRB...

Read Full Story: https://www.uschamber.com/employment-law/unions/beyond-belief