National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo has called for employers to be required to recognize unions that organize through "card checks" rather than secret-ballot elections.
If the NLRB accepts this argument, there will be a "drastically heightened risk of unionization," said David Pryzbylski, an attorney with Barnes & Thornburg in Indianapolis.
Under current labor law, a union needs at least 30 percent of workers signing unionization cards to get an election scheduled with the NLRB, Pryzbylski noted.
When a union has acquired signed cards from over half of the employees, the employer may agree to recognize the union but often declines, triggering the NLRB union election process, said Robert Boonin, an attorney with Dykema in Ann Arbor, Mich. In a brief filed April 11, the general counsel said she wants employers to decline when there is a majority of signed cards only if they have a good-faith basis to doubt the authenticity of the cards.
Abruzzo asked the board to reinstate a 1949 standard under Joy Silk Mills, which would enable the NLRB to recognize a union that has support through card check. In her brief, she said, "Joy Silk is logically superior to current board law's ability to deter election interference. It directly disincentivizes an employer from engaging in unfair labor practices during organizing campaigns to avoid a bargaining obligation, as doing so will typically result in the imposition of a bargaining order."
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