Friday, August 17, 2007

Minority Unions, Part 2

Nlrb Jeff posted yesterday about recent efforts of various unions to convince the NLRB to order companies to bargain with minority unions.  Richard Hankins writes to tell us that his [management-side] firm has created a website containing links to the rulemaking petition itself and to the law professors' letter in support.

rb

http://lawprofessors.typepad.com/laborprof_blog/2007/08/minority-unions.html

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» Minority Labor Unions from Adjunct Law Prof Blog
Workplace Prof Blog has been running a series of posts (here and here) about a petition filed by the United Steelworkers and supported by 25 labor law professors asking the NLRB to adopt a rule allowing union representation of minority [Read More]

Tracked on Aug 18, 2007 9:05:22 PM

Comments

While the NLRB will never, ever order this (at least absent a major revamping of the statute), I think the exercise has value. What this is likely to uncover is the largely undeveloped power of Section 8(a)(1). Even if an ER is not obligated to bargain with a minority union it is prevented from interfering with it. I well recall my days as a ramp worker with USAirways during a period of heavy merger. My airline merged with Piedmont and the NMB ordered an election (the USAir ramp group was represented by the Teamsters; Piedmont was unorganized). Employees from the combined group opted for no union (a decision that was reversed a few years later). However, the ground group in Philadelphia (where I worked) simply refused to acknowledge what had transpired. We continued to hold "union" meetings and engaged in various kinds of collective activities. Management chose to deal with us all the time, though there was no legal obligation to do so. What is "in the head" can be powerful.

Posted by: Michael Duff | Aug 21, 2007 10:16:23 AM

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