Source: Henry H. Drummonds, Labor Law Journal, Vol. 58 no. 4, Winter, 2007
This article sketches developments in the card majority debate and several related issues reflected in developing case law concerning the use of “salts,” “neutrality” agreements, and accretion clauses in union attempts to expand representation rights. It also briefly mentions other significant recent decisions that make it more difficult for unions to win, and keep, representation rights. … A major public policy issue faces the Congress, state legislatures, and federal and state labor boards. How is the ideal of employee free choice best actualized? The law is changing. From the union side one sees legislative attempts to win card majority recognition/certification rights and to avoid elections in which employers are free to campaign against unionization at all costs. And from the perspective of the NLRB’s General Counsel and the NLRB’s current majority, concerns for employee free choice create persistent questioning of long-assumed principles of card check recognition. For the private sector unions, especially, this issue may decide their ultimate fate as the percentage of represented employees shrinks toward the vanishing point.