Answer to Question 1
It is well settled, that an employer may voluntarily recognize a union that has demonstrated majority support by means other than an election, including (as contemplated by the LOA in the present case) authorization cards signed by a majority of the unit's employees.
Answer to Question 2
Dana Corp has an existing relationship with the UAW in nine U.S. facilities. The
statement of purpose of the LOA recognizes that dramatic changes in the domestic
state automotive market have created new quality, productivity and competiveness challenges for the automotive component supplier.. It further states that Dana and the UAW believed that these challenges will be more effectively met through a partnership that is more positive, non-adversarial, and with constructive attitudes toward each other.. The existing actual experience with the UAW and Dana at other facilities appears to be working as a true partnershipnot an us (the union) versus them (management) adversarial relationship. In many union-management settings union members with company stock incentives earned through successful attendance incentive programs, take an ownership interest in the quality of products and in increasing productivity. Where unions and management take a partnership approach to their relationship unions are not a bad thing for an employer Disputes will arise, however, an orderly good faith mechanism available to the parties to resolve disputes may lead to high morale and increased productivity. Note the framework proposal to resolve a final CBA where the parties are unable to reach agreement. The framework would resolve the matter without a strike or lockout.
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