On a case-by-case basis, the NLRB issued bargaining orders when companies committed the unfair labour practices described in the Ace example. How, then, should an executive deal with union applications for recognition in order to avoid problems? The rules are actually quite simple: thirdly, the ACC must decide whether or not to grant legal recognition. This usually happens automatically if more than 50% of the group of workers are members of the union. Otherwise, the CCC orders a secret ballot by an independent third party. Voting follows a period during which each party can campaign in accordance with certain rules to ensure its fairness. The CCC will only grant recognition if a majority of voters are in favor, including at least 40% of all employees. 27 states have banned union security agreements by adopting so-called “right to work” laws. In these states, it is up to each worker in a workplace to decide whether or not to join the union and to contribute, even if all workers are protected by the collective agreement negotiated by the union. Unions negotiate with you on working conditions, such as wages and holidays. You must recognize the union before it can negotiate with you.
It is conclusively presumed that a collective agreement between a union and an employer is not legally enforceable unless it is in writing and expressly provides that it is a legally enforceable contract. When the representative of the union companies showed up at Ace`s office, he placed a pack of authorization cards on the president`s desk and demanded recognition. However, unlike the Pennsylvania-based manufacturer, ace`s president did not inspect the cards. An employee may refuse to join a union on religious grounds, but in this case, he or she must pay an amount equal to the contributions to a non-religious charity. While many employers understand the recognition of unions as collective bargaining on the remuneration of a particular group of workers in accordance with a detailed collective agreement, it is too simple. If an employer voluntarily refuses to recognize a union, it can apply to the CCA for an order declaring recognized. Very complex rules and schedules govern these applications. However, at each stage, the process (summarized below) is designed in such a way that the parties can reach an agreement instead of the CAB having to impose a result on either party against its will. First, the president of Ace violated the law by questioning employees by demanding a show of hands.
According to the standards developed by the council, such investigations must be carried out secretly, among other things. More importantly, once an employer conducts a survey, they are stuck with the result if they favor the union. As the first vote was in favor of the union, Ace voluntarily recognized the union. Under section 145A of the Trade Union and Labour Relations Codification Act 1992, it is illegal for an employer to induce an employee not to join a trade union or not to participate in trade union activities. It also violates the law if your employer refuses you a job, fires you or discriminates against you because your name appears on a “blacklist” (a list of people who were or are members of a union or who started or participate in union activities). The amount of dues levied on workers represented by unions is subject to federal and state laws and court decisions. You should think carefully about whether you have a reasonable reason not to recognize the union. In addition to the illegal investigation, Ace also committed two unfair labor practices that the NLRB considers very serious. The president`s threat to go bankrupt and put his employees out of work if they turned against the union was one of them. The NLRB has the power to order an employer to bargain with a union if the employer`s unfair labour practices prevent fair elections, as in the Ace example. These orders can be issued before the election has taken place or even if workers vote overwhelmingly against the union.
(Except in extreme cases, the NLRB requires the union to prove that it was supported at some point by a majority of workers before issuing a bargaining order. This is usually proven by authorization cards.) The hypothetical case of Ace Excavating Co. illustrates other mistakes that employers often make when responding to a union`s application for recognition. Various consequences automatically arise from an employer`s recognition of a union for a group of its employees. Once workers have elected a union as a collective bargaining representative, the employer and the union must meet at reasonable times to bargain in good faith for wages, hours of work, vacation periods, insurance, safety practices and other mandatory matters. Some management decisions, such as subcontracting, relocation and other operational changes, may not be subject to mandatory negotiations, but the employer must negotiate the impact of the decision on the unit`s employees. Trade unions exist to promote the interests of their members and to regulate their relations with their employers. It is crucial to respond appropriately to the union`s request for recognition. A misstep at this point may mean that the company loses its right to vote by voluntarily, albeit unintentionally, recognizing the union. Or the company can commit “unfair labor practices” so serious (violations of the National Labour Relations Act) that the NLRB orders it to negotiate with the union without choice or even if the union loses in a vote. Authorization cards are not reliable measures of employee sentiment. Many workers only sign to support the union`s petition for an election.
Others simply succumb to peer pressure. And in general, workers have only heard the union`s sales pitch, so they are not aware of the many disadvantages that can be inherent in union representation. But aside from the unreliability of authorization cards, there are strong legal reasons for refusing to review them. If the CAB accepts the request, it will determine whether the proposed bargaining unit is appropriate and, if not, which one it should be. .