Law Commons^™

Labored Law: Bilateralism Or Pluralism, Ossification Or Reformation, John N. Raudabaugh

Indiana Law Journal

Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana.

.

Elections, Neutrality Agreements, And Card Checks: The Failure Of The Political Model Of Industrial Democracy, James Y. Moore, Richard A. Bales

Indiana Law Journal

The secret-ballot election is the National Labor Relations Board’s preferred method for employees to determine whether they wish to be represented by a union. Employer domination of the election process, however, has led many unions to opt out of elections and instead to demand recognition based on authorization cards signed by a majority of employees. The primary objection to this “card check” process is that it is less democratic than the secret-ballot election. This Article places the issue in the context of the theoretical basis for claims of industrial democracy and argues that card checks are more consistent with the …