‘Card Check’ Takes a Hit

[Omaha Steve]

http://labornotes.org/node/1485

— Kim Moody

The National Labor Relations Board (NLRB) rewrote in September a 40-year-old doctrine that will undermine one of labor’s more successful organizing tactics—card-check recognition. Card check allows workers to gain union recognition by a simple majority show of authorization cards.

This tactic is usually spelled out in a “neutrality” agreement in which an employer agrees not to attack the union while it recruits the majority necessary to gain recognition. Card check, neutrality, and other forms of voluntary recognition have been considered legitimate since the National Labor Relations Act was validated by the Supreme Court in 1937.



The September ruling, known as Dana/Metaldyne—the name is drawn from the two auto-parts plants involved—concerns a pair of factories where the United Auto Workers gained recognition through card check in 2003. In both cases, the UAW had contracts at other units with the companies and had negotiated a neutrality and card-check agreement. Also in both cases, anti-union employees filed a decertification petition within weeks of recognition.

While not outright banning card check or neutrality agreements, the NLRB may have undermined their effectiveness. As soon as a majority gains recognition by a show of cards, the board decided anti-union employees can file for decertification if 30 percent of workers petition for it.

At Dana a minority of 35 percent of employees called for a decertification election within weeks of the union’s recognition.

FULL story at link.