Hiring the Trojan Horse: the union business agent as a protected applicant

Article Abstract:

The National Labor Relations Board (NLRB), in Wilmar Electric Service Inc., has endorsed the union tactic of sending business agents to apply for work at employers targeted for unionization. This decision contradicts the findings of appeals courts on the issue. The unions argue that refusing to hire such an agent constitutes a violation of Section 8(a)(3) by discriminating against an employee on the basis of union activity. Employers argue that union business agents are concurrently employed and not entitled to Section 8(a)(3) protection.

Management, Labor unions, Commercial agents

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Forming a new consensus

Article Abstract:

Laws have been passed to remove the barriers to equal opportunity and yet employers have been slow to follow suit. The Equal Employment Opportunity Commission's purpose is to educate the public and prevent social prejudice from limiting opportunities. All minorities, social, racial or economic, should have the opportunity for education and the ability to be hired for any job for which they are qualified. It is important to work toward this goal of a US where everyone truly has equal opportunity to chose to do whatever they want to.

Social aspects, Powers and duties, Civil rights, United States. Equal Employment Opportunity Commission

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Closing the escape hatch: converting the union prehire agreement in construction

Article Abstract:

Unions in the construction industry are allowed to make prehire agreements for employees without an elected representative to accommodate the short term and fluctuating nature of construction work. These repudiable prehire agreements are called Section 8(f) contracts but can become nonrepudiable, permanent Section 9(a) contracts if they contain conversion language. Employers need to carefully review prehire contracts and comply with the repudiation notice rules to avoid unfair labor practice charges.

Construction, United States, Interpretation and construction, Construction industry, Labor relations, Labor contracts

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