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Full-Text Articles in Law
Keeping The Faith: The Problem Of Apparent Bias In Labor Representation Elections, John W. Teeter Jr
Keeping The Faith: The Problem Of Apparent Bias In Labor Representation Elections, John W. Teeter Jr
Faculty Articles
Any procedure requiring a “fair” election must honor the rights of both those who oppose and those who favor a union. The National Labor Relations Act (“Act”) is wholly neutral when it comes to that choice. Under the terms of the Act, employees have the right to form unions but also have the right to refrain from such activities. The National Labor Relations Board’s (“Board”) role in representation elections is to ascertain the employee's’ wishes concerning unionization, and not to influence that fundamental choice. The Board’s appearance of neutrality may be undermined through fraternization, the delegation of duties, and allegedly …
Inadvisable Advice: Limits On Employers' Counseling Of Employees With Regard To Unfair Labor Practice Proceedings, John W. Teeter Jr
Inadvisable Advice: Limits On Employers' Counseling Of Employees With Regard To Unfair Labor Practice Proceedings, John W. Teeter Jr
Faculty Articles
The National Labor Relations Board frequently interviews or subpoenas employees to help determine whether an employer has committed an unfair labor practice. Many employers, however, have advised their employees that they may refuse to cooperate with the Board's efforts. Professor Teeter argues that such advice has an inherent tendency to coerce employees and to frustrate the Board's vindication of their statutory rights. After reviewing the inconsistent approaches tribunals have taken to this problem, the author recommends that employers be prohibited from counseling employees regarding their participation in the Board's proceedings. Professor Teeter concludes that the Board itself should be the …