“Neutrality Agreements” and the Destruction of Employees’ Section 7 Rights

May 1, 2005

Glenn M. Taubman

There are few issues more critical in modern labor law than the legality under the National Labor Relations Act (“NLRA”) of “neutrality and card check” agreements. These agreements are eagerly sought by labor unions to ease the way toward unionization in a particular workplace. The use of neutrality and card check agreements (euphemistically called “voluntary recognition agreements” or “majority verification” by unions) has grown exponentially over the past decade, and the reasons are not surprising. Unions face a steady decline in the number of employees choosing union representation when given a free choice in a secret-ballot election, and financial self-interest has driven them to search for new ways of acquiring dues paying members. The AFLCIO’s General Counsel has written that unions should “use strategic campaigns to secure recognition... outside the traditional representation processes.” ...

"Neutrality Agreements" and the Destruction of Employees' Section 7 Rights