Grounds for invalidating a contract

Posted by / 17-Nov-2020 16:38

Grounds for invalidating a contract

If it is reasonable to believe that the conduct would tend to interfere with the free expression of the employees’ choice, the election may be set aside.[65] [66] [67] * In cases where the NLRB decides that an election rule has been broken, it typically conducts a rerun election.However, in at least two such cases, the NLRB has ordered employers to recognize and bargain with unions without having a rerun election.[93] * In addition to setting aside elections, when the NLRB determines that an employer or union has committed an “unfair labor practice,” federal law instructs the NLRB to require the offender to “cease and desist from such unfair labor practice, and to take such affirmative action including reinstatement of employees with or without back pay….”[94] * In the federal government’s 2016 fiscal year, NLRB actions led to reinstatement offers for 1,648 employees, and the NLRB recovered ,718,775 “on behalf of employees as backpay or reimbursement of fees, dues, and fines.”[95] * Federal law requires that “the majority of the employees” in a private-sector bargaining unit approve of a union before it becomes the exclusive representative of the employees.This is because it facilitates cost efficiencies when a single agreement is negotiated with a standard package rather than multiple separate bargaining contracts, each with its own unique provisions.A proliferation of units involves more negotiating sessions, heightens the probability of disruption, and adds complexity of multiple working rules and personnel practices. Smaller, more homogeneous units maximize opportunity for employee participation, may better reflect the needs and objectives of union members, amplify their voting power, foster greater solidarity, and are easier to organize.[217] * Federal law restricts supervisors from being included in private-sector bargaining units (a supervisor may join a union, but not for purpose of collective bargaining).is not to be controlling.[229] * In 2011, the United Food and Commercial Workers Union attempted to unionize the salespeople of a Macy’s department store in Saugus, Massachusetts, but the employees voted against the union.The union then altered the proposed bargaining unit to include only the salespeople in the cosmetics and fragrances departments.

This can be “as informal as employees walking into the owner’s office and stating they wish to be represented by a union.”[101] [102] [103] [104] Organizing is war.Thus, under the new law, all unions would be certified under card check campaigns, but unions could only be decertified through NLRB secret ballot elections.[145] [146] * Senate rules allowed for a “filibuster” in which a vote to pass certain bills could be blocked unless 60 of the Senate’s 100 members agree to let it take place.[148] [149] The bill failed to pass a filibuster with 100% of Democrats voting for it and 98% of Republicans voting against it.[150] [151] As members of Congress of the United States who are deeply concerned with international labor standards and the role of labor rights in international trade agreements, we are writing to encourage you to use the secret ballot in all union recognition elections.We understand that the secret ballot is allowed for, but not required, by Mexican labor law.P.] Stevens is directed by Alinsky’s gospel, “Pick the target, freeze it, personalize it, and polarize it.”[118] * When unions succeed in pressuring employers to forgo an NLRB secret ballot election, they typically conduct “card check” campaigns in which union organizers lobby employees to sign cards accepting a union.If the organizers obtain signatures from a majority of employees in a bargaining unit, the union becomes the exclusive representative of all the employees in the unit.[122] [123] [124] [125] * For federal, state, and local political elections, all U. states have banned ballots that are not cast in private and do not reveal all the available choices.

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Strategies employed in such campaigns include: Rogers’ thoughts and actions are as much influenced by his past as they are by Saul Alinsky and his book “Rules for Radicals.” …

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