Pre-Recognition Framework Agreements Under the National Labor Relations Act
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Description
The National Labor Relations Act (the "Act" or "NLRA") does not prohibit unions and employers from entering into framework agreements to guide future bargaining if the union becomes the majority representative in an appropriate unit. Section 8(a)(2) does prohibit employers from providing a labor organization "financial or other support" that undermines, in some concrete manner, the independence of that labor organization. Because the Letter of Agreement ("LOA") between Dana Corporation ("Dana") and the International Union ("UAW") had no immediate effect on employees' rights and in no way undermined the independence of the UAW, the LOA is not unlawful "financial or other support" violative of section 8(a)(2), but rather a hallmark of constructive employer-union relations permissible under the Act. The National Labor Relations Board ("NLRB" or the "Board") and the courts have made clear that not all employer cooperation constitutes "financial or other support" violative of the Act, and that employers may take steps that encourage and facilitate constructive employer-union relations. In established bargaining relationships, employers allow union access to employees on company time and property, and afford 'employees paid time off for grievance representation and union meetings. Negotiated outcomes do not have to be limited to the particular bargaining unit and can include possible voluntary recognition of the union at other locations. Under the longstanding Kroger doctrine, the collective bargaining agreement extends to those locations once the union obtains majority support of the affected employees. During organizing campaigns, employers may express a preference for and a willingness to negotiate with a union as long as employees are free to choose whether they want to be represented by that union or any union. Such cooperation is lawful under the Act and helps effectuate its underlying policies of promoting "industrial peace" and encouraging collective bargaining.
Source Publication
The Challenge for Collective Bargaining: Proceedings of the New York University 65th Annual Conference on Labor
Source Editors/Authors
Michael Z. Green
Publication Date
2013
Recommended Citation
Estreicher, Samuel and Machalani, Michele M., "Pre-Recognition Framework Agreements Under the National Labor Relations Act" (2013). Faculty Chapters. 451.
https://gretchen.law.nyu.edu/fac-chapt/451
