Section 41 Another Union Already Recognized

• Library: Employer-Employee Law 2008

The purpose of this section is most clearly illustrated in NLRA § 8(b)(7)(A), 29 U.S.C. § 158(b)(7)(A), which prohibits recognitional picketing “where the employer has lawfully recognized . . . any other labor organization and a question concerning representation may not appropriately be raised . . . .” Lawful recognition by definition means that a union has majority support, and it follows that, once recognition has been lawfully conferred on a particular union, recognition and picketing by another union is an attempt to defeat the employees’...