Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

The following is not meant to be legal advice.

In the private section unions have lost importance.  To get new members, unions now use voluntary recognition (such as card check) agreements or employment situations where the goal is to organize the employer’s workforce if they are hired.

The strategies usually require the employer to remain neutral about the benefits and potential problems with union membership.  Employers may need to recognize the union automatically if it collects signed authorization cards from a majority of employees.

On September 29, 2007, there was a court decision on employees and card checks. After the case, employees or rival unions are able to challenge the card check recognition immediately. 

On September 29, 2007, there was another court case relating to a bona fide applicant for employment who was entitled to the NLRB’s protections against discrimination in hiring based on union membership.

Both cases left unanswered how the NLRB will enforce the requirement that employers and unions notify it of voluntary recognitions.