The top legal counsel for the NLRB took a formal step to make mandatory anti-union meetings illegal and to reinstate the Joy Silk doctrine, a long extolled labor law that would make it far easier for workers to unionize.
“Joy Silk is logically superior to current Board law’s ability to deter election interference,” Monday’s brief says, explaining that current legal frameworks require the NLRB to be reactive to unfair labor practices charges during a union drive rather than allowing the agency to examine employers’ motivations when they refuse to bargain with their workers. Instead of deterring labor law violations, the brief continues, these frameworks open the door for them.
“After the Board replaced Joy Silk, the commission of unfair labor practices during election campaigns, including unlawful discharges, increased dramatically,” the brief explains. “In turn, the number of elections fell precipitously and, as a result, the rate of unionization now rests near all-time lows.”
Labor leaders and advocates have urged the NLRB to reinstate Joy Silk, which they say would make it far easier to form a union and could prevent workers“Reinstating Joy Silk in its original form would stop employers from playing games and refusing to recognize a union when workers have unquestionable proof of majority support and would deter employers from unlawfully interfering in organizing campaigns,” wrote American Federation of Labor and Congress of Industrial Organizations If Joy Silk is...
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