NLRB’s Recent Ruling Gives Power Back to Workers
On August 25th, the National Labor Relations Board (NLRB) issued a worker-empowering decision to speed up bargaining for first contracts for private sector workplaces after members show a majority in favor of unionizing. Additionally, if the employer commits an unfair labor practice during the recognition process, the union is automatically granted recognition and the employer is compelled to start contract negotiations.
The ruling nearly revives the Joy Silk Standard which stated that if a union gathered a majority of union authorization cards, it would be the employer’s burden to demonstrate a “good faith doubt” of the union’s majority status. If so, the employer could call for an election. If not, the employer would be required to bargain with the union without an election.
The Joy Silk Standard was rejected in 1969, meaning that for over fifty years now, employers could simply dismiss a majority of union authorization cards without a “good faith doubt” and call for a Board-conducted election. The rejection of the Joy Silk Standard essentially made it harder for a workplace to unionize and created more opportunity for employers to interfere in union elections.
The NLRB’s most recent ruling seems to revive some elements of this standard by giving workers the opportunity to get to bargaining faster. Going forward, if a union presents an employer with a majority of authorization cards, the employer only has two weeks to recognize the union or file a petition for an election. If the employer does file a petition for an election in time, but subsequently commits a labor violation or unfairly interferes with that election, the election is cancelled, and the employer is required to bargain with the union.
Amid what seems to be a wave of labor activity and increase in union interest, this ruling will help mitigate barriers to unionization and put bargaining power back in the hands of workers.