Author Question: Under Gissel, when may the Board issue a bargaining order remedy?[br][br][b][color=#566D7E]Question ... (Read 45 times)

xroflmao · **on:** Jun 24, 2018

Under Gissel, when may the Board issue a bargaining order remedy?

Question 2

Did the Supreme Court hold that the Taft-Hartley amendments limited an employer's duty to bar-gain under Section 8(a)(5) solely to those unions whose representative status was certified after a Board election?

stallen · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

The Board has the authority to issue a bargaining order as a remedy when it can be established that an employer has rejected a card majority while at the same time committing unfair labor practices that undermine the union's majority status and make a fair election unlikely.

Answer to Question 2

No. The Supreme Court did not hold that the 1947 amendments limited an employer's duty to bar-gain to those unions certified after a Board election. Unions may establish majority status by showing convincing employee support through possession of cards signed by a majority of the employees authorizing the union to represent them for collective bargaining purposes.