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Union Representation Elections: Law and Reality: The Authors Respond to the Critics

Getman, Julius
; 
Goldberg, Stephen
; 
Brett, Jeanne
Keywords
elections
 labor
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Faculty Scholarship Series
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Abstract
In Union Representation Elections. Law and Reality (hereinafter Law and Reality without cross-reference), we examined the desirability of continued National Labor Relations Board (NLRB) regulation of pre-election campaigning. Our central finding, based upon a study of thirty-one elections, and interviews with over 1000 employees, was that unlawful campaigning has no greater effect on employee voting behavior in a union representation election than does lawful campaigning. Hence, we recommended that the Board should no longer attempt to distinguish between lawful and unlawful campaigning; that the results of an election, once conducted, should be final; and that speech should be wholly free - that the Board should neither set aside elections nor find unfair labor practices based on oral or written communications by an employer or a union.
URI
http://hdl.handle.net/20.500.13051/3891