Most neutrality agreements go further and contain other provisions, including an employer agreement to voluntarily recognize the union as representing employees as soon as the majority of workers sign union authorization cards or a petition supporting the union as a representative, said Mark Kisicki, a lawyer at Ogletree Deakins in Phoenix. Many also include the types of provisions mentioned in the communication of the NLRB`s general counsel, he noted. The memo will give employers who are concerned about some of the excessive provisions of a neutrality agreement the opportunity to reject them on the basis of the view that they are illegal, said Todd Lyon, a lawyer at Fisher Phillips in Portland, Ore. and Seattle. The memo „provides an overview of the NLRB`s current agenda,” he said. Although the NLRB elections are held only in bargaining units where a union has organized and thinks it has a chance to win, the unions only win about half of the elections. But it`s not really a clear reflection of the mood of the staff. In a card cheque, electoral unions obtain recognition on the basis of signed cards and not by a secret ballot. Such a policy requires employers who do business with the government or participate in a government-sponsored program to sign a „neutrality agreement.” Companies that are invited to enter into neutrality agreements – or to work among them – should carefully assess the conditions in light of this memo, Pryzbylski said. „Beyond this memo, a company should carefully assess the pros and cons of such an agreement, because it waives the important rights to give its opinion on union training to its staff.” Neutrality agreements should be reviewed to the same strict standard as the review of the decertification of a bargaining unit, and not under the less stringent standard currently applied to union organization, NLRB General Counsel Peter Robb wrote in the memo. Neutrality agreements prevent employers from making this information available to workers. They are an injustice to workers because they deny them access to the information they need to make a well-informed decision.
The General Counsel of the National Labor Relations Board („Board” or „NLRB”) indicated that this could be a substantial overhaul of the law on the position of the board of directors with respect to the legality of the so-called neutrality agreements in which employers make concessions and housing to unions that wish to organize and represent their employees. This is what happened with the review of a complaint filed against United Here by the National Right to Work Legal Defense Foundation, Inc. (the „Fund”) regarding the rejection of an unfair labour practice! Local 8 („Union”) and Embassy Suites by Hilton, Seattle Downtown Pioneer Square („employers”) on behalf of a worker who did not want to be represented by the union after the employer entered into an agreement with the union that allowed the Union to obtain recognition of the employer`s workers without having to obtain secret election representation by the board of directors.