''Electromation Inc'', 309 N.L.R.B. 990 (1992), is a

US labor law United States labor law sets the rights and duties for employees, labor unions, and employers in the US. Labor law's basic aim is to remedy the " inequality of bargaining power" between employees and employers, especially employers "organized in ...

case related to employer domination of labor organizations.

Facts

Teamsters The International Brotherhood of Teamsters (IBT) is a trade union, labor union in the United States and Canada. Formed in 1903 by the merger of the Team Drivers International Union and the Teamsters National Union, the union now represents a di ...

Local 1049 claimed recognition for collective bargaining at Electromation Inc, which was not unionized. Teamsters claimed that Electromation Inc's practice of using "action committees" to hear worker opinions was an unlawful company union under

National Labor Relations Act of 1935 The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, a ...

§8(a)(2). The employer told the action committees that it could not continue to work with them, but even though they were discontinued, the Board heard the union's violation charge. Electromation had five 'action committees' to deal with complaints on wages, bonuses, incentive pay, attendance programs and leave policies. There were five employees and a management representative for each one, and the Employees Benefits Manager was also on each committee, who said 'management expected that employee members on the Committees would kind of talk back and forth with the other employees in the plant, get their ideas, and that... anyone howanted to know what was going on, they could go to these people on the Action Committees.'

Judgment

The

National Labor Relations Board The National Labor Relations Board (NLRB) is an Independent agencies of the United States government, independent agency of the federal government of the United States that enforces United States labor law, U.S. labor law in relation to collect ...

held, the committees were a §2(5) labor organization and management had dominated it, so there was a §8(a)(2) violation. All members gave opinions. The Board suggested that, although Electromation's committees were a sham management tool, an independent employee elected work council faced no difficulty under the NLRA 1935 §8(a)(2). Chairman Stephens said the following in his opening judgment. Dennis M. Devaney said the following. John N. Raudabaugh analyzed §2(5) and said it was clear this was a labor organization, unless the legislation was changed. On §8(a)(2) he said that the NLRA 1935 was passed on the theory of an adversarial, rather than a cooperative collective labor relations model. The cooperative view was fully taken into account and rejected. However the amendment in the LMRA 1947 made the issue very different, and Newport News would not have been decided the same. Taft-Hartley Act emphasized employee free choice to participate in a union or not. He acknowledged that Senator Taft had rejected attempts to change §8(a)(2) but the NLRB should reflect modern changes in its judgment. Employee participation plans can be allowed. The test would be (1) extent of employer's involvement (2) whether employees think it is a collective bargaining substitute (3) whether employees had their §7 right to have a union safe (4) the employer's motive. No one decisive. Applied, here, the first criteria fails because there was no say in the committee structure, and there was no assurance of a right to collectively bargain.

References

{{reflist, 2 United States labor case law National Labor Relations Board Company unions 1992 in United States case law 1992 in labor relations

Facts

Judgment

See also

References