The Honorable Lauren McFerran
Chair
National Labor Relations Board
1015 Half Street, SE
Washington, DC 20570
Dear Chair McFerran:
The undersigned organizations write to express serious concerns with several issues coming before the National Labor Relations Board (NLRB or “the Board”). Specifically, we urge you to reject the legally-flawed arguments that the Board should impose card check organizing via case law and interfere with employer speech rights that are protected under the National Labor Relations Act (NLRA).
In a case called Cemex, the General Counsel (GC) has asked the Board to consider overturning long-standing precedent, and ignore Supreme Court decisions and the plain text of the NLRA. With regard to card check, the GC has asked the Board to revive the long-discredited Joy Silk doctrine. Under Joy Silk, if a union presented an employer with signature cards allegedly indicating interest by 50% +1 of workers in joining a union, the burden of proof would be on the employer to demonstrate why the cards were invalid. Short of satisfying what, in the eyes of the NLRB is likely to be a high bar, the employer would be compelled to recognize the cards and commence collective bargaining.
In two seminal Supreme Court cases, Gissel Packing and Linden Lumber, the Court rejected the concept of mandatory card check recognition. In fact, in the Gissel decision, the Court specifically stated that “secret ballot elections are generally the most satisfactory—indeed the...
Russia's Defense Ministry is reporting alleged battlefield successes on Max, but some of its claims lack evidence. Even Russian military bloggers are questioning claims that Ukrainian forces have ...