NLRB Elections vs Card Check Agreements

Throughout this essay, I will discuss thehand, its campaign can create a hostile and
differences between the following methods ofadversarial relationship whereas an employer (e.g.,
obtaining recognition: NLRB elections and cardWal-Mart) intent on resisting workers'
check agreements (voluntary recognition viaself-organization can drag out legal proceedings for
signed authorization cards). In addition, I will discussyears, fearing little more than an order to post a
the pros and cons of each method and which Iwritten notice in the workplace promising not to
believe more accurately reflects employeerepeat unlawful conduct.
desires.Proponents (most unions since the late 70s and, in
NLRB elections and voluntary recognition are theparticular, University of Minnesota Labor Professor
most popular methods, usually used by unions, ofErik Peterson, PhD) argued that card check
obtaining recognition. Other methods of obtainingagreements build trust between union and
recognition are Gissel bargaining orders; successor;employer and avoid expending public and private
accretion, and after acquired store. However, weresources on unnecessary election campaigns. In
will concentrate on NLRB elections and voluntaryturn, critics (e.g., argued that it lost certain
recognition as it pertains to the scope of thisprotective features of the NLRB elections - In a
paper.decision that overturns more than 40 years of
According to General Counsel Richard Maroko ofprecedent, the National Labor Relations Board
New York Hotel & Motel Trades Council,recently announced that the "recognition bar,"
AFL-CIO, NLRB election is the most commonwhich precludes a decertification election for 12
method for determining employee choice, themonths after an employer recognizes a union,
NLRB regulated election is, at its core, a secretdoes not apply when that recognition is voluntary,
ballot election. The NLRB is responsible forbased on a card check. Dana Corp.; Metaldyne
ensuring that the conditions in which the electionCorp. 351 NLRB No. 28 (2007).
and the period leading to it are free from anyPersonally, I believed the results of NLRB elections
activity that may unduly influence employees.more accurately reflects employee desires,
On the other hand (quoting Labor Lawyer Richardsimply, because of its protective features - the
Maroko), "voluntary recognition takes placeprivacy of the voting booth; the secret ballot, and
completely outside of the NLRB context, wheregovernmental oversight. In the same vein (facing
an employer agrees to recognize a union upon athe reality of the current state of unions), I
showing of majority support." Generally, employeeempathized with unions going the route of card
support is shown through signed authorizationcheck agreements, simply, because they build
cards rather than secret ballot.trust between union and employer and avoid
The differences between the above methods lieexpending public and private resources on
in the fact that the former is represented byunnecessary election campaigns.
"private ballot elections" under the supervision ofIn conclusion, I discussed the differences between
the NLRB while the latter is represented by "cardthe following methods of obtaining recognition:
checks conducted in public" outside the supervisionNLRB elections and card check agreements
of the NLRB.(voluntary recognition via signed authorization
NLRB elections provide certain protective featurescards). In addition, I discussed the pros and cons
- the privacy of the voting booth; the secretof each method and which I believed more
ballot, and governmental oversight. On the otheraccurately reflects employee desires.