Securing
Union Representation
The Process
An authorization
card is the first step in taking workers from simply wanting a union
to actually securing union representation. Individual employees sign
an authorization card that indicates he or she wants to be represented
by a particular union for purposes of collective bargaining.
Once the
union has signed authorization cards from a majority of workers in the
unit, the union or the workers can request of the employer voluntary
recognition of the union. The employer may comply directly with this
request, or may agree to the cards being checked by a neutral party
for verification of the union’s majority status. If voluntary recognition
is granted, bargaining for a contract can begin. Of course, the employer
can refuse voluntary recognition, which most often is the case.
Lacking voluntary
recognition, the authorization cards are used to petition the National
Labor Relations Board (NLRB) for a secret ballot election to determine
if the union represents a majority of the employees in the unit. If
the union prevails in the election, the employer is obligated to bargain
with the union as the representative of the workers.
In certain
instances, if the employer engages in unfair labor practices that distort
the election process such as threats against workers who support the
union, the NLRB may order the employer to cease and desist and rerun
the election. Or if the unfair labor practices are blatant and unduly
harsh to the extent a fair election is impossible, the NLRB may order
the employer to bargain with the union without an election, even if
the union has not achieved majority status in the unit. This last instance
is, admittedly, very rare.
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