Section 8(a)(2) of the NLRA: the debate

Article Abstract:

Section 8(a)(2) of the National Labor Relations Act (NLRA) is controversial because it prohibits employer-controlled labor organizations and so is considered by opponents to prevent participatory management. However, cases exist from the 1930s and even from 1994 to illustrate the need for Section 8(a)(2) because management created action committees to defuse employee concerns over benefits and prevent unionizing. True cooperation between management and employees is not prohibited in non-union workplaces but worker committees that are dominated by employers are.

Regulation, Licensing, and Inspection of Miscellaneous Commercial Sectors, Union Organizing, Participative Management, Unionization

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(A)(2) Brutus? The perils and promise of the TEAM Act

Article Abstract:

The TEAM amendments to the National Labor Relations Act (NLRA) would sanction corporate support for labor-management committees unilaterally created by corporations. TEAM was inspired by Japanese management practices which aims at cooperation and group values. The version proposed by House Republicans stated that such committees would enjoy exemption from NLRA(a)(2) scrutiny for unfair employer practices. TEAM should be amended to clarify the status of labor-management committees in relation to unions.

Unfair competition (Commerce), Unfair competition

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Labor-management cooperation: is management ready?

Article Abstract:

Only a management which trusts and respects labor is ready for participatory management. Management cannot feign interest in participatory management and set up programs that do not contain the basic principles of collective bargaining or recognize that unions are valuable. Acting in this manner will create distrust, cause management to hurt itself and labor as well as the chance for future cooperation.

Analysis

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