Agreement Between Company to Company by nap62463

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Agreement Between Company to Company document sample

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									     Dana Corporation (I), 341
      N.L.R.B No. 150, 2004
• Should a collective bargaining relationship
  established pursuant to an agreement
  between a company and union under which
  the company will recognize the union if the
  union obtains authorization cards from a
  majority of employees be given “bar status”
  if the agreement was made prior to the
  union’s card campaign?
     Dana Rationale for Review
• Order of Events
   – Precedent, order of events
      • Card campaign and majority
      • agreement to recognize on basis of card majority
   – Dana Facts, order of events
      • Agreement to recognize on basis of card majority
      • Card campaign and majority
• Other cases assume voluntary recognition should
  be given “bar status”
   – Implicitly, issue of “bar status” never raised
• Changing labor relations conditions
   – Increasing use of neutrality agreements
                  Dana Dissent
• Voluntary recognition long supported by Board
  decisions
   – Board has applied “bar status” to pre-card majority
     agreements
   – Post-card majority agreement not critical in cases where
     it occurred
   – “after-acquired” facility doctrine
• Encourages harmony and stability in labor
  relations
   – Permitting decertification petitions and elections will
     disrupt that harmony
• No compelling reason for review
        Dana (II), JD–24-05

• Did a pre-recognition letter of agreement
  (LOA) between the UAW and Dana
  constitute unlawful recognition of the union
  by Dana in violation of Sections 8(a)(1),
  8(a)(2), and unlawful acceptance of
  recognition by the union in violation 8(b)(1)
  of the NLRA?
      Dana (II) : ALJ Decision
• LOA not unlawful recognition
  – LOA does not include
     • UAW right to adjust grievances
     • Prohibition on change Terms and Conditions of emloyment
       (TCE) without bargaining
     • wages, hours, pensions, vacations, grievances
  – LOA includes
     • Length of potential agreement
     • Interest arbitration to resolve dispute over contract
     • neutrality
  – Dana and UAW may extend existing contracts to
    unrepresented facilities, so something less should be
    legal
              Hyperlink
• DanaMetaldyne Amicus Briefs

								
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