Peter List has a good summary at LaborUnionReport.com of the National Labor Relations Board’s decisions that demonstrate a clear bias toward organized labor and against employers. The most recent example — other than the egregious complaint against Boeing — is an decision that could give unions a free “do over” in certification elections if they can errors in management’s employee handbook.
[In] a recent case that has significant ramifications on employers and employees who wish to remain (or become) union-free, the Obama NLRB gave unsuccessful unions a way in which to use employers’ handbooks to nullify employee votes. Now, if employees reject unionization (or decertify a union), unions can get a “do over” simply based on the most frivolous of complaints about an employer’s handbook.
In the decision, published on March 28th, Obama’s NLRB issued ruled on a decertification election where unionized employees voted 47-46 to kick an unwanted union out of their workplace. The election took place nearly five years ago—in 2006.
However, due to the NLRB’s giving the union the ability to legally maneuver around the employees’ decertification by filing spurious unfair labor practice charges. As a result, the employees have been stuck in unionized limbo for nearly five years. Now, the NLRB has just decided the employees have to vote again.
While the details of the case are extremely interesting, the case should cause employers grave concerns about the policies in their employee handbooks going forward.
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