Major Business Investments & Management Rights

Last year the blogosphere saw much chatter and commentary concerning the proposed opening of a Boeing plant in South Carolina, and the subsequent filing of a National Labor Relations Board (NLRB or Board) charge, congressional hearings, etc.  The Fall 2011 issue of the ABA Journal of Labor and Employment, Vol. 27 No. 1, thoughtfully included testimony of two congressional hearing witnesses.  Although the immediate storm has passed, the parties having settled the charge with the signing of a new collective bargaining agreement, it is an issue that could recur with similar responses, so I’d like to discuss that testimony here.

Employer Polling -- Criteria and Standards

As a neutral third party familiar with collective bargaining matters and representation election procedures, I am periodically contracted to conduct employer pollings, to ascertain whether or not a majority of its employees continue to desire union representation. The first time I was asked to conduct a polling, I was obligated as a neutral to satisfy myself that polling is not illegal or otherwise improper in New Mexico as a general matter.  As is common, there was no New Mexico case law on point.  However, the federal courts and the National Labor Relations Board (NLRB) have reviewed the matter in a number of cases, and I will outline the results of my research here.