Explain the exceptions to the interpretation of the U.S. Supreme Court with regard to labor-management committees and discuss how these committees are found to be unlawful

Question

What will be an ideal response?

Answer 1

There are narrow exceptions to the strict interpretation set by the Supreme Court. The first applies when all of the workers in a bargaining unit or plant participate in the program. In that situation, the committee does not "represent" the employees because it comprises all the employees; if it does not represent employees, it cannot be a labor organization and, hence, cannot be construed as an employer-dominated union. The second exception involves a situation in which employees carry out a traditional management function. In such cases, the employee group no longer "deals with" management because it is performing the delegated function itself.
Even if a labor-management committee is found to constitute a labor organization, to be unlawful, the committee must be dominated or supported by the employer. The traditional test asks whether the committee is structurally independent of management. Most participatory committees have some minimal association with management that would render them unfair under this strict test. Again, however, some circuit courts are using two factors to minimize the impact of this holding on participatory programs. First, the court asks whether the employers had good motives in establishing the plan. Second, the court asks whether the employees are satisfied with it.