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Union Organizing Campaigns

Union Organizing Campaigns. Union Organizing Framework. Local vs. National – “Union Salting” – (NLRB vs. Town & Country Electric Inc. 1995) Authorization Card Campaign – 30% showing of interest. Recognition Request – Representation Elections – Certification & Decertification.

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Union Organizing Campaigns

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  1. Union Organizing Campaigns

  2. Union Organizing Framework • Local vs. National – “Union Salting” – (NLRB vs. Town & Country Electric Inc. 1995) • Authorization Card Campaign – 30% showing of interest. • Recognition Request – • Representation Elections – Certification & Decertification

  3. Certification Elections • Election Petitions – 30% showing of interests • Appropriate Bargaining Unit – Board Criteria • Consent vs. Board-Directed - “Excelsior Lists” – Eligibility to vote – Challenges – Certification of results.

  4. Bargaining Unit Determination • Focus: Organizing or Bargaining • Legal Constraints – Section 9(b) constraints – • Professional and nonprofessional employees • Craft units • Guards • Supervisors & managers • Health care units

  5. NLRB Policy and Bargaining Units • Community of interests • Geographic and physical proximity • Employer’s administrative or territorial divisions • Functional integration • Interchange of employees • Bargaining History • Employee desires • Extent of organization

  6. Other Issues • Craft severance – • Accretion – • Reorganization and Reclassification – • Successor Organizations –

  7. Organizing Campaigns • Rules: • No Distribution or Solicitation Rules – • Communications – • 24-Hour Rule – • Interrogation – • Surveillance –

  8. Role of the NLRB • Election Certifications – Election Bar • Setting Aside Elections – Bargaining Orders & “Totality of Conduct”; Gissel Packing Co. case.

  9. Decertification & Deauthorization Elections • Decertification: removal of the union as the exclusive bargaining representative of the employees. • NLRB Rules: • Can only be held near the expiration of the contract (every three years) • New unions – must be proceeded by one year of good faith bargaining by both parties. • Petition – requires 30% showing of interest; must be initiated by employees. • Any employer assistance is unlawful. • Deauthorizaiton: a special election to get rid of the “union security clause” in a contract. • NLRB Rules: • Can be held at any time during the life of the contract. • Petition – requires 30% showing of interest; must be initiated by employees.

  10. Employer Options • RM elections: • When dealing with an incumbent union requesting renewal of its collective bargaining contract, an employer who questions the union’s continuing majority status may: • 1. May request a formal Board-supervised election, called an RM election by the Board; • 2. May withdraw recognition from the union and refuse to bargain; • 3. May conduct an internal poll of employee support for the union. • In all cases, employer must demonstrate that it had “objective reasonable doubt” about the majority status of the union.

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