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Publication Date

1969

Abstract

THE purpose of this paper, as the title indicates, is to discuss an employer's legal obligation under the National Labor Relations Act (the Act) to bargain with a union which has obtained authorization cards from a majority of the employees in an appropriate unit. I am assuming throughout this paper that the union's authorization cards are authentic, that they are unambiguous cards, that the signers understand the cards, and that the union obtained them without coercion, fraud, misrepresentation, or indeed any suggestion to the signers that the cards were for any purpose other than to authorize the union to represent them. When I refer to the employer's obligation to bargain on the basis of a card majority, i mean, of course, an enforceable obligation. Perhaps a better formulation of the problem would be to ask under what circumstances a bargaining order should issue against the employer based on a card majority.

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