Posts tagged Gissel
Commentary: The NLRB’s “Laboratory Conditions” Are Overdue for Inspection
October 7, 2024 // In several lines of precedent since the passage of the 1947 Taft-Hartley amendments, courts have ignored or glossed over this textual problem and have allowed the NLRB to police campaign misconduct quite closely. Most relevant here is the doctrine first announced in General Shoe Corporation. The Shoe Workers Union objected to its election loss at a plant in Pulaski, Tennessee, and charged the employer with co-extensive unfair labor practices. The employer’s president was shown to have lectured employees personally about their union support. Finding that no unfair labor practice had been proven, the Board nevertheless set aside the Union’s loss,
Opinion: NLRB Trips Over Itself to Promote the SEIU
May 11, 2023 // Now the NLRB has launched a new tactic to “encourage” union wins—a preemptive bargaining order requiring an employer to recognize and bargain with a union. So-called Gissel bargaining orders are meant to be used only in particularly egregious cases where an employer is alleged to have engaged in misconduct so pervasive that no fair election could be held. In the case of a Starbucks store in Overland Park, Kansas, however, NLRB administrative law judge (ALJ) Arthur Amchan recently decided to impose a Gissel bargaining order to cover a re-run election that hasn’t even been scheduled yet. That is truly egregious.