Routes to Union Recognition Flashcards
Appropriate Bargaining Unit
Common community of interest (bigger is better, but harder to organize)
Look to Friendly case to determine “community interest”
Factors of community interest - Friendly’s
Geographic proximity
Interchange b/t ees
Degree of autonomy to local manager
Extent of organization
History of CB
Desires of affected employees
Ers organization framework
Similarity between people
Purpose of community interest standard
encourages organization between facilities, consenting to inclusion is easier (pretty common from history)
American Hospital Association
Section 9b gives the NLRB the power to decide if the designated unit is appropriate and states they will decide if they can participate in CB
App. Bargaining Unit Presumptions
One place - appropriate unit
Utility companies have one BU
RLA - system-wide
Public sector - largest unit is app. (mostly)
Specialty Healthcare
Two-prong on app. BU:
(1) burden on union to show CI
(2) then passes to ER to show there is exclusion of ee with overwhelming community interest
PCC Structurals
Overrules Speciality Healthcare
back to regular community interest NOT overwhelming
Currently:
Back to Speciality Healthcare
Whipstrawing Strategy
Go to one store you deal with and say “you will be without X”
Multi-ER against one unit
Coordianted bargaining among BU
9C - Elections by EEs
By employee alleging a substantial # of ees
(1) want to be repr. + er denies
(2) assert labor org. is not a fair rep.
9C - Elections by ERs
ER alleges one or more have presented claim to organize and Board should investigate
If Board thinks its weird, they force a re-election
Unions are recognized for how long?
1 year - Keller Plastics
Dana Corp
there is 45 day period within to file for a new election petition
Lamons Gasket
overturned Dana Corp - returns to voluntary recognition within a reasonable period of time
Trump Board returns to
Dana Corp
9C2
Unit cannot come back and ask for reelection because they lost
Gissel Packaging
Formal elections are fine, but does make cards inherently appropriate
EEs possession of cards is enough for a duty to bargain
Linden Lumber
Refusing to bargain is not a violation if they are seeking an investigation and there is an investigation (polling) is not a violation if OK under Strunkes
Blinne Construction (Int’l Hod)
ER does not have file even there is recognitional picketing, they can wait and then if the union fails to file a petition in 30 days, the union then commits a ULP
Anything beyond 30 days too much
New Otani Hotel
Picketing is NOT indicative of demand to be recognized - no election entitlement
Neutrality Agreements
ER remains neutral in organizing campaign, no bad mouthing, access to facilities
Why neutrality agreements?
Markets make unions inevitable
ER may have good RX with union
Politically unpopular to fight w/ union
Dominant method of org?
neutrality agreements!
Dana Corp (Voluntary Reg.)
Court wants to modify the recognition-bar doctrine an hold that NO ELECTION BAR will be imposed after card-based recognition
EEs must receive notice of rec in 45 days
Lamons Gasket
OVERRULES Dana Corp
Defines reasonable time (6 months and 1 year but can extend)
