The following article was submitted by Berchem Moses PC. It is posted here with permission.
Many would consider a secret ballot election by a group of employees seeking to organize into a union an example of democracy at work.
In a union election, the employees hear from union representatives touting the benefits of unionization, while the employer gets an opportunity to inform the workers, within lawful means, about why unionization might not be the panacea the union representatives make it out to be.
The general counsel of the National Labor Relations Board has a different view.
As widely reported, the general counsel of the NLRB has made numerous statements in the public and in legal actions seeking to explore doctrinal shifts in board precedent yielding pro-union results.
From statements arguing that college athletes are employees under the National Labor Relations Act, to increased scrutiny of employee handbooks, to increasing union access to employer facilities, the general counsel is seeking to upend board precedent that may prove costly for employers.
These efforts parallel the recent rise in union certification petitions and a wave of worker-led work stoppages in 2021 and the early part of 2022 (Amazon and Starbucks are prime examples of these trends).
One major focus of the general counsel to make unionization easier is to require an employer to recognize a union by authorization cards only.
This would eliminate the right of the employer to...
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