A. The union certification process established by the NLRA in 1935 was initially a great victory for workers wanting union representation.
B. Firing union supporters was made illegal; and rather than having to strike for recognition, workers could petition the NLRB for a democratic determination of whether a majority of workers favored unionizing.
C. In the first few years after 1935, the NLRB used a variety of methods to determine majority status:
1. Authorization cards
3. Union membership applications
4. Employee affidavits of membership
5. Strike participation
6. Employee testimony
D. The Taft–Hartley Act amendments in 1947, however, explicitly stated that if “a question of representation exists, [the NLRB] shall direct an election by secret ballot” [Section 9(c)].
E. Later the Supreme Court ruled that an employer can request a secret ballot election, even if majority status as indicated…show more content… Criticisms of the NLRA Certification Process
1. Labor unions and their supporters frequently argue that employer resistance, including campaigning during representation elections, is primarily responsible for the extended decline in U.S. union density.
2. Following are the three aspects of the NLRA certification process most frequently criticized:
• Unequal access to employees—employers can meet with employees informally, conduct captive audience meetings, enforce no solicitation rules against union organizers, and limit employee use of company e-mail while unions merely get a list of employee addresses after the election date is set; possibilities for reform include banning employer captive audience meetings, giving unions the right to hold captive audience meetings, requiring a certain number of campaign debates, or allowing unions to send e-mail messages using the company’s system, making Excelsior lists available at any time, or after a union collects 30 percent signed authorization cards, or to include employee e-mail addresses as part of the Excelsior