Unions can request an organizing
election once 30 percent of a company’s workers sign
authorizations cards in a public “Card Check.” This constitutes
a “showing of interest,” and the National Labor Relations Board
(NLRB) must order a private ballot election. NLRB procedures
ensure a fair election, free of fraud, where employees may cast
their vote confidentially without peer pressure or coercion from
unions or employers.
Employers and the NLRB must
recognize a union once organizers submit union cards signed
by a majority of workers in a company. This replaces private
ballot elections with publicly signed cards. Abolishing
private ballot elections deprives workers of a fundamental
democratic right and exposes them to harassment and
coercion.
Binding
Arbitration
Negotiations on an initial union
contract following unionization are treated the same as any
other contract: the parties are required to negotiate in “good
faith” until they settle on terms. If they fail to do so, the
union may call a strike, and the employer may implement its last
offer or even lock out workers.
Collective bargaining
negotiations must begin within 10 days of union
certification. After 90 days of bargaining, either party
may request mediation by the Federal Mediation and
Conciliation Service. Thirty days later, if the parties are
still unable to settle on a contract, the negotiations are
referred to a Federal arbitration board. The board’s
decision is binding upon both parties for a period of 2
years.
Unfair Penalties
Both companies and unions are
prohibited from engaging in unfair labor practices during an
organizing drive.
When an employer
illegally discharges a worker for supporting a union, the
employer is required to provide the worker full back pay.
Increases penalties against
employers, but not unions, for unfair labor practices
committed during an organizing drive. The NLRB is required
to prioritize investigation of those cases.
Employers must pay triple back
pay restitution.
Employers can be assessed civil
penalties up to $20,000 per violation for unfair labor
practices.
