Check But No Mate: Balancing the Rights of Employees and Employers Under the National Labor Relations Act—The Ongoing Saga

Mello, Jeffrey
June 2005
Employee Responsibilities & Rights Journal;Jun2005, Vol. 17 Issue 2, p63
Academic Journal
Prior to 1995, employers had enjoyed significant success in asserting management prerogatives over organized labor in cases heard under the National Labor Relations Act. However, at that time, the Supreme Court issued a landmark ruling which essentially leveled the playing field by affirming the rights of union organizers and supporters to employ an aggressive organizing strategy called “salting.” Employers have subsequently attempted to counter the effects of salting through the use of a variety of practices that potentially disrupt salting activities. These strategies have received mixed support with the courts and the National Labor Relations Board. This paper examines the current state of permissible union organizing and management behaviors under the National Labor Relations Act.


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