The General Counsel of the National Labor Relations Board (« Board » or « NLRB ») indicated that this could be a substantial overhaul of the law on the position of the board of directors with respect to the legality of the so-called neutrality agreements in which employers make concessions and housing to unions that wish to organize and represent their employees. This is what happened with the review of a complaint filed against United Here by the National Right to Work Legal Defense Foundation, Inc. (the « Fund ») regarding the rejection of an unfair labour practice! Local 8 (« Union ») and Embassy Suites by Hilton, Seattle Downtown Pioneer Square (« employers ») on behalf of a worker who did not want to be represented by the union after the employer entered into an agreement with the union that allowed the Union to obtain recognition of the employer`s workers without having to obtain secret election representation by the board of directors. Neutrality agreements prevent employers from making this information available to workers. They are an injustice to workers because they deny them access to the information they need to make a well-informed decision. Neutrality agreements should be reviewed to the same strict standard as the review of the decertification of a bargaining unit, and not under the less stringent standard currently applied to union organization, NLRB General Counsel Peter Robb wrote in the memo. Across the country, organized work uses political influence to push for public policies that impose trade unionism on workers. This conclusion is confirmed by the election results of the National Labor Relations Board. Although organized work says it places more emphasis on organization, the number of NLRB elections has decreased in recent years. Some employers enter into neutrality agreements because they are not concerned about giving up the ability to run their businesses without the restrictions imposed by the National Labor Relations Act (NLRA), Kisicki said. The NLRA requires employers to negotiate all conditions of employment for unionized workers. « Some employers enter into these agreements because they are pro-union, » he said.
Most neutrality agreements go further and contain other provisions, including an employer agreement to voluntarily recognize the union as representing employees as soon as the majority of workers sign union authorization cards or a petition supporting the union as a representative, said Mark Kisicki, a lawyer at Ogletree Deakins in Phoenix.