Pre-recognition Agreements: Can Employers Lawfullt Acquire Contractual Control Over the Future Representative of Their Employees Under § 8(A)(2) of the NLRA?

October 1, 2006

William Messenger

Consider a hypothetical. An attorney enters into contract with a company. The company agrees to assist the attorney with recruiting new clients. In exchange, the attorney agrees to settle disputes between newly retained clients and the company pursuant to prearranged terms favorable to the company. Is the attorney’s arrangement with the company ethical?

Pre-recognition Agreements: Can Employers Lawfullt Acquire Contractual Control Over the Future Representative of Their Employees Under 8(A)(2) of the NLRA?