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5 - Establishing the Collective Bargaining Relationship: Organization and Recognition

Published online by Cambridge University Press:  05 June 2013

William B. Gould IV
Affiliation:
Stanford University, California
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Summary

This chapter addresses the problems that arise when a union attempts to establish itself as the exclusive bargaining agent for an appropriate unit of workers. It deals with the tactics labor uses and the restraints the law places upon it. (Of course no precise line can be drawn between the legal tactics that are available to labor and management in the organizational context and those that may be used once the collective bargaining relationship has been established. Accordingly the reader should keep the basic concepts and principles discussed here in mind when reading the succeeding chapters.)

Recruitment and Organization

In an organizational campaign, unions and employers are concerned with union attempts to surmount obstacles to communication with workers, union efforts to protect union adherents in the workplace, the tactics that may be employed, and the circumstances under which recognition can be compelled. Unions recruiting workers will generally make contact with a small group of potential union adherents. At the early stages of a union effort this contact may be made secretly, to make it less likely that the employer will counterattack with antiunion communications or unlawful reprisals.

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Publisher: Cambridge University Press
Print publication year: 2013

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References

Gould, W. B., “Taft-Hartley Revisited: The Contrariety of the Collective Bargaining Agreement and the Plight of the Unorganized,” 13 Lab. L. J. 348 (1962)Google Scholar
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Hartley, Roger C., “Non-Legislative Labor Law Reform and Pre-Recognition Labor Neutrality Agreements: The Newest Civil Rights Movement,” 22 Berkeley J. Emp. & Lab. L. 369, 401 (2001)Google Scholar
Davies, George N., “Neutrality Agreements: Basic Principles of Enforcement and Available Remedies,” 16 Lab. Law. 215 (2000)Google Scholar
Gould, William B., “Using an Independent Monitor to Resolve Union-Organizing Disputes Outside the NLRB: The Firstgroup Experience,” 66 Disp. Resol. J., May–July 2011 (2011)Google Scholar
Gould, William B., “New Labor Law Reform Variations on an Old Theme: Is the Employee Free Choice Act the Answer?70 La. L. Rev. 1 (2009)Google Scholar
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Kramer, Andrew M., Miller, Lee E., and Bierman, Leonard, “Neutrality Agreements: The New Frontier in Labor Relations – Fair Play or Foul?23 B.C.L. Rev. 39, 63–72 (1981)Google Scholar

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