Elections, Neutrality Agreements, and Card Checks: The Failure of the Political Model of Industrial Democracy
affiliation not provided to SSRN
Richard A. Bales
Ohio Northern University - Ohio Northern University College of Law
October 27, 2010
Indiana Law Journal, Vol. 87, 2011
The secret-ballot election is the National Labor Relations Board’s preferred method for employees to determine whether they wish to be represented by a union. Employer domination of the election process, however, has led many unions to opt out of elections and instead to demand recognition based on authorization cards signed by a majority of employees. The primary objection to this “card check” process is that it is less democratic than the secret-ballot election. This article places the issue in the context of the theoretical basis for claims of industrial democracy and argues that card checks are more consistent with the basic premises of industrial democracy than are extant Board elections.
Number of Pages in PDF File: 17
Keywords: NLRA, election, card-check, card, check, secret, ballot, union
Date posted: October 30, 2010 ; Last revised: February 15, 2012
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