The National Labor Relations Board‘s general counsel has proposed re-establishing the Joy Silk doctrine, which called on the NLRB in almost all cases to impose a bargaining order on employers when presented with signature cards purporting to represent the wishes of a majority of employees for union representation, a process called “card check” which eliminates a secret election.
“This move by the General Counsel to force card-check organizing on workers and employers represents a radical overreach and misunderstanding of the law,” said Glenn Spencer, senior vp-employment at the U.S. Chamber of Commerce. “The doctrine is inconsistent with long-standing precedent, court rulings, and the text of the National Labor Relations Act. Congress has repeatedly rejected efforts to impose card check, and the General Counsel cannot do so outside of the legislative process. We will oppose this action with every tool at our disposal, including litigation if needed.”
The card check process has been found by courts and the NLRB itself to be inherently inferior to secret ballot elections, the Chamber said. Congress has rejected every attempt to require card check recognition, most recently in the current session with the stalling of the PRO Act.