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Labor and Employment Law

Sara Slinn

2015

Labor unions--Recognition

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An Analysis Of The Effects On Parties' Unionization Decisions Of The Choice Of Union Representation Procedure: The Strategic Dynamic Certification Model, Sara Slinn Oct 2015

An Analysis Of The Effects On Parties' Unionization Decisions Of The Choice Of Union Representation Procedure: The Strategic Dynamic Certification Model, Sara Slinn

Sara Slinn

This article proposes a new theoretical framework-the strategic dynamic certification model-to explain how union certification processes operate. Statutory certification procedures are not neutral. Instead, they produce particular incentives, disincentives, and opportunities for employers, unions, and employees, and these affect the outcomes of the procedure. Empirical evidence confirms this model's ability to analyze the certification process and the outcomes of unionization attempts. In particular, this model explains why the change from a card-check to a mandatory representation vote encourages unlawful employer conduct, enhances the effectiveness of union avoidance activities, and deters employee participation in the unionization decision. The article concludes that, …