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Minority bargaining required?
August 17, 2007 by Ross Runkel at LawMemo

Some unions have asked the NLRB to require employers to bargain with unions that represent less than half of the employees in a bargaining unit.

The unions request that the NLRB engage in a rulemaking process to adopt the following proposed rule:

Pursuant to Sections 7, 8(a)(1), and 8(a)(5) of the Act, in workplaces where employees are not currently represented by a certified or recognized Section 9(a) majority/exclusive collective-bargaining representative in an appropriate bargaining unit, the employer, upon request, has a duty to bargain collectively with a labor organization that represents less than an employee-majority with regard to the employees who are its members, but not for any other employees.

Text of Petition - Rulemaking regarding Members-Only Minority-Union Collective Bargaining.

Text of Letter - Labor Law Professors Endorsing Members-Only
Non-Majority Collective Bargaining Under The NLRA

Thanks to EFCA Updates (by Kilpatrick Stockton LLP) for making these documents available.

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