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Labor and Employment Law

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Fordham Law School

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Labor relations

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Neutrality Agreements And Card Check Recognition: Prospects For Changing Paradigms , James J. Brudney Jan 2004

Neutrality Agreements And Card Check Recognition: Prospects For Changing Paradigms , James J. Brudney

Faculty Scholarship

The rise of neutrality agreements is a major development in labor-management relations in this country. The union movement's new approach to organizing displaces elections supervised by the National Labor Relations Board (NLRB) with negotiated agreements that provide for employers to remain neutral during an upcoming union campaign and (in most instances) for employees to decide if they wish to be represented through signing authorization cards rather than through a secret ballot election. Professor Brudney demonstrates the substantial role now being played by this contractually based approach to union organizing. He also explains why so many employers have agreed to neutrality …