Allentown Mack: a happy exemplar of the law of unintended consequences?

Article Abstract:

The Supreme Court upheld National Labor Relations Board's decision in Allentown Mack Sales & Service v. NLRB requiring a good faith reasonable doubt showing in employer challenges to an incumbent union. Three ways of providing evidence of this showing applied, a Board-sponsored election on the topic, a private poll of the employees, withdrawing recognition if the union loses the poll, and withdrawing recognition outright. Unions have an incentive under Allentown Mack to petition the Board for a new certification election rather than taking the unfair labor practices route.

Unfair labor practices

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Allentown Mack and economic strikes: and now for the bad news

Article Abstract:

The Supreme Court, in Allentown Mack Sales & Service v. NLRB in 1998, approved the NLRB's use of the triple standard for evaluating employer challenges to incumbent unions. Unfortunately, the Court also interpreted the 'good faith reasonable doubt' part of the standard in such a manner as to make it easier for employers to eliminate unions during economic strikes by hiring permanent replacements.

United States, Laws, regulations and rules, Strikebreakers, Good faith (Law)

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Recent decisions and current issues before the board

Article Abstract:

Cases regarding 1998 labor law decisions are surveyed. Issues highlighted are recognition of unions, merit wages, unions' exacting fees from nonmembers, and health care industry issues such as whether interns are employees or students, HMO-affiliated physicians are independent contractors and the employment classification of charge nurses.

Compensation and benefits, Physicians, Medical professions, Employment, Independent contractors, Merit pay, Nurse administrators, Internists

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