Describe the problems associated with the current NLRA union certification process.

Question

What will be an ideal response?

Answer 1

There are three aspects to the NLRA certification process that are criticized most frequently. First, there is an imbalance in the degree of access that unions and employers have to employees. Employers can hold captive audience meetings, talk to employees at work, contact them through mailings and email. Unions, on the other hand, are only entitled to a list of the employees addresses after the election date has been set. They do not have email addresses, nor can they force employees to attend meetings. Second, there are no meaningful penalties for employer violations of the NLRA. In the most egregious cases, where an employer is found guilty of firing an employee for union activity, the employer will usually be made to pay backpay less any earnings that the employee has made since discharge. Finally, many people believe the that length of time that it takes for a representation election to be held is too long and gives employers too much time to engage in threatening and manipulative behaviors that destroy laboratory conditions.