§10.3 Bargaining Orders

LibraryLabor and Employment Law: Private Sector (OSBar) (2011 Ed.)
§10.3 BARGAINING ORDERS

Under certain circumstances, an employer may be forced to recognize and bargain with a union despite the fact that the National Labor Relations Board (NLRB) has not certified it as the exclusive bargaining representative. In NLRB v. Gissel Packing Co., 395 US 575, 89 S Ct 1918, 23 L Ed2d 547 (1969), the Court ruled that when the union had obtained authorization cards from a majority of employees without misrepresentation or coercion, a duty to bargain would arise and a bargaining order should issue if the employer rejected the card majority while, at the same time, committing serious unfair labor practices that would make a fair NLRB-conducted election unlikely.

§10.3-1 Requirement of Majority Status

In NLRB v. Gissel Packing Co., 395 US 575, 613, 89 S Ct 1918, 23 L Ed2d 547 (1969), the Court ruled that when the employer's unfair labor practices...

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