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Publication Date

1969

Abstract

THE controversy over the use of union authorization cards to support an order of the National Labor Relations Board (the Board) directing union recognition has become one of the most heated areas in labor law today. The veritable tempest, however, is in a proverbial teapot, for the overwhelming majority of questions concerning repre- sentation before the Board are resolved through the election process. In fiscal year 1967, the Board conducted 8,116 elections and issued only 157 bargaining orders based on a card majority, a fraction under merely two percent. Of these 157 cases, all but 16 involved employers whose commission of unfair labor practices had made a fair election impossible or nullified an election already held. The election is the rule, and bargaining orders are the rare exception.

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