Back-door card check is on its way this year, says Labor Relations Institute’s Phil Wilson.
Last August (2021), the National Labor Relations Board’s General Counsel, Jennifer A. Abruzzo, sent a lengthy memo to all NLRB regions seeking cases from its regions to submit specific types of cases to her for advice.
Among the many types of cases that General Counsel Abruzzo is seeking are cases which would lead to the imposition of what is known as “card check,” which would eliminate most secret-ballot elections over the topic of unionization.
“Cases in which an employer refuses to recognize and bargain with a union where the union presents evidence of a card majority, but where the employer is unable to establish a good faith doubt as to majority status; specifically, where the employer refusing to recognize has either engaged in unfair labor practices or where the employer is unable to explain its reason for doubting majority status in rejecting the union’s demand. See Joy Silk Mills, Inc., 85 NLRB 1263 (1949).”
[See below under: Employer duty to recognize and/or bargain, on page 7.]
In this episode of Union Free Radio, host Peter List speaks with Phil Wilson of the Labor Relations Institute (LRI) about card check and a number of other labor relations issues employers are facing under the Biden NLRB.
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Articles and Resources Mentioned On This Episode
- NLRB GC – Mandatory Submissions To Advice | PDF
- Joy Silk Mills v. National Labor Rel. Board, 185 F.2d 732
- Why Labor Law Needs “Joy Silk” Bargaining Orders
- The Scandalous Story Of How “Joy Silk” Disappeared From Labor Law
- An Update on Labor Law Lite – by Brandon Magner
- The Labor Movement Has a Card to Play—And We Need to Play It