Vanderbilt Law Review

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Labor Law--Authorization Cards--Court Suggests Board Requirement That Employer Petition for Election to Demonstrate Good Faith Upon Rejection of Authorization Cards --

Plaintiff unions' sought a National Labor Relations Board (NLRB) bargaining order alleging a violation of section 8(a)(5) of the National Labor Relations Act (NLRA) based on defendant-employers' refusal to recognize the unions when presented with authorization cards signed by a majority of the employees.' Plaintiffs contended that the language and history of sections 8(a) (5) and 9(a)" of the NLRA and interpretative court decisions establish an employer's duty to bargain whenever the union representative presents "convincing evidence of majority support."' Plaintiffs argued that such convincing evidence was supplied in the instant cases by submission of the authorization cards coupled with recognitional strikes involving a majority of the employees...


Labor Law--Protected Activity-Concerted Activity in Protest of Racial Discrimination and Without Union Authorization by Employees Dissatisfied with Union Efforts is Protected by § 7 of the NLRA

Petitioner instituted unfair labor practice proceedings against a California department store' on behalf of dissident union members who were discharged for picketing in protest of alleged racial discrimination by their employer. The employees in question had setup pickets without union authorization after becoming dissatisfied with investigations of discrimination charges conducted by the union and employer in accordance with the collective bargaining agreement.' Petitioner contended that the picketing employees were engaged in concerted activity protected from employer interference by section 7 of the National Labor Relations Act (NLRA).The National Labor Relations Board (NLRB) ruled that the concerted activity was unprotected and the discharges lawful because the picketers' actions were in derogation of the union's status as exclusive bargaining representative.' On appeal to the United States Court of Appeals for the District of Columbia, held, order reversed and case remanded for further proceedings. When employees engage in concerted activity without union authorization to protest racial discrimination, such concerted activity is protected by section 7 of the NLRA, if after initially utilizing union grievance procedure the employees have a reasonable belief that the union is not opposing discrimination to the maximum extent possible.