Synopsis By: Lurie - Proceeding Author: Larry G. Hall, Mark J. Mahoney, George J. Matkov, Jr.

The authors posit that the principal impediment to unions winning NLRB-supervised elections is not that strategic advantages of employers but employees’ preferences and views, and that greater success of unions under neutrality agreements (78% vs. 51%) is attributable to (1) the hampering of all forms of employer expression and (2) the substitution of authorization cards for the secret ballot, the authors viewing authorization cards to be a flawed process, and an unreliable indicator of support for a union. Agreements restricting management communications with employees are discussed, as is the role of the arbitrator and the NLRB in union representation matters. The meaning of employer “neutrality” is discussed, as are arbitral remedies for employer breaches of neutrality and card check agreements.