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On September 4, 2020, NLRB General Counsel Peter Robb published a guide in which he accepted a single test to assess neutrality agreements and facilitate them in terms of equivalence. GC 20-13, Guide to Helping Employers Organize Unions (September 4, 2020). In a card cheque, electoral unions obtain recognition on the basis of signed cards and not by a secret ballot. In the first situation – employers` support for a union`s organizing efforts – the board uses „a set of circumstances.“ In the latter situation – employers` support for a request for decertification – the commission „uses the standard for more than ministerial aid.“ Mr. Robb argued that the „totality of circumstances“ standard is „difficult to apply because it is more amorphous and results in inconsistent results“ in the absence of clear guidance on what is legitimate and illegal conduct. Conversely, he argued that the standard „more than ministerial aid“ was stricter and less ambiguous and offered a better course of action in terms of legitimate and illegal behaviour. Neutrality agreements are an insult and an injustice to workers. This is a desperate attempt by trade unions to use their political power to support their weakened wealth. Companies that are invited to enter into neutrality agreements – or to work among them – should carefully assess the conditions in light of this memo, Pryzbylski said. „Beyond this memo, a company should carefully assess the pros and cons of such an agreement, because it waives the important rights to give its opinion on union training to its staff.“ The fact that authorization cards are not a reliable indicator of workers` mood shows several studies showing that unions lose the most elections, even though a small majority of workers sign authorization cards.

In addition, the neutrality scheme notes that the text of certain neutrality agreements may be illegal and applies the same „more than ministerial support standard“ for the analysis of the legality of certain provisions relating to neutrality agreements. Therefore, neutrality agreements that allow or require an employer to grant „more than ministerial aid“ are illegal. They understand, but are not limited to the following: According to Mr. Robb, the regions of the NRB gave advice last year on a number of issues related to the amount of legal assistance an employer can look for a union that is trying to organize its employees. In some of these situations, these were self-described „neutrality“ agreements between employers and unions, which have not yet been chosen as the exclusive agent of the employer`s employees. Captive Audience Speeches: Employees may be forced to participate in „prisoner“ speeches paid for by the company under neutrality agreements. In these mandatory forums, the union and management work together to get workers to register. It is sometimes announced that the union and the company have already entered into a „strategic partnership“, which seems obvious to union representation. At an establishment owned by Johnson Controls Inc., it was strongly suggested that if workers did not support the union`s organizing efforts, they risked losing potential employment opportunities.

The Council has long considered that an agreement that waives workers` right to strike is a clause and a condition for employment.