Synopsis By: Lurie - Proceeding Author: Leonard R. Page

The author posits that the typical election campaign involves the employer’s conduct of an adversarial campaign, during which it has unlimited access to the electorate throughout the workday while the union does not. Unions have sought to negotiate card check and neutrality agreements with employers as an alternative: the employer recognizes and bargains with the union if a majority of employees sign cards.The arbitrator may be asked (1) to resolve disputes over the composition of the appropriate bargaining unit; e.g., whether supervisory, managerial, or confidential status employees should be included (2) to perform the card check, or (3) to rule on whether the employer had violated the neutrality agreement, in which case possible remedies are suggested.