Routes to Union Recognition

Question 1

Appropriate Bargaining Unit

Answer 1

Common community of interest (bigger is better, but harder to organize)

Look to Friendly case to determine “community interest”

Question 2

Factors of community interest - Friendly’s

Answer 2

Geographic proximity

Interchange b/t ees

Degree of autonomy to local manager

Extent of organization

History of CB

Desires of affected employees

Ers organization framework

Similarity between people

Question 3

Purpose of community interest standard

Answer 3

encourages organization between facilities, consenting to inclusion is easier (pretty common from history)

Question 4

American Hospital Association

Answer 4

Section 9b gives the NLRB the power to decide if the designated unit is appropriate and states they will decide if they can participate in CB

Question 5

App. Bargaining Unit Presumptions

Answer 5

One place - appropriate unit

Utility companies have one BU

RLA - system-wide

Public sector - largest unit is app. (mostly)

Question 6

Specialty Healthcare

Answer 6

Two-prong on app. BU:

(1) burden on union to show CI

(2) then passes to ER to show there is exclusion of ee with overwhelming community interest

Question 7

PCC Structurals

Answer 7

Overrules Speciality Healthcare

back to regular community interest NOT overwhelming

Question 8

Currently:

Answer 8

Back to Speciality Healthcare

Question 9

Whipstrawing Strategy

Answer 9

Go to one store you deal with and say “you will be without X”

Multi-ER against one unit

Coordianted bargaining among BU

Question 10

9C - Elections by EEs

Answer 10

By employee alleging a substantial # of ees

(1) want to be repr. + er denies

(2) assert labor org. is not a fair rep.

Question 11

9C - Elections by ERs

Answer 11

ER alleges one or more have presented claim to organize and Board should investigate

If Board thinks its weird, they force a re-election

Question 12

Unions are recognized for how long?

Answer 12

1 year - Keller Plastics

Question 13

Dana Corp

Answer 13

there is 45 day period within to file for a new election petition

Question 14

Lamons Gasket

Answer 14

overturned Dana Corp - returns to voluntary recognition within a reasonable period of time

Question 15

Trump Board returns to

Answer 15

Dana Corp

Question 16

9C2

Answer 16

Unit cannot come back and ask for reelection because they lost

Question 17

Gissel Packaging

Answer 17

Formal elections are fine, but does make cards inherently appropriate

EEs possession of cards is enough for a duty to bargain

Question 18

Linden Lumber

Answer 18

Refusing to bargain is not a violation if they are seeking an investigation and there is an investigation (polling) is not a violation if OK under Strunkes

Question 19

Blinne Construction (Int’l Hod)

Answer 19

ER does not have file even there is recognitional picketing, they can wait and then if the union fails to file a petition in 30 days, the union then commits a ULP

Anything beyond 30 days too much

Question 20

New Otani Hotel

Answer 20

Picketing is NOT indicative of demand to be recognized - no election entitlement

Question 21

Neutrality Agreements

Answer 21

ER remains neutral in organizing campaign, no bad mouthing, access to facilities

Question 22

Why neutrality agreements?

Answer 22

Markets make unions inevitable

ER may have good RX with union

Politically unpopular to fight w/ union

Question 23

Dominant method of org?

Answer 23

neutrality agreements!

Question 24

Dana Corp (Voluntary Reg.)

Answer 24

Court wants to modify the recognition-bar doctrine an hold that NO ELECTION BAR will be imposed after card-based recognition

EEs must receive notice of rec in 45 days

Question 25

Lamons Gasket

Answer 25

OVERRULES Dana Corp

Defines reasonable time (6 months and 1 year but can extend)