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Author Question: State the Board's guidelines for withdrawal from multiemployer units as set forth in Retail ... (Read 78 times)

folubunmi

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on: Jun 24, 2018
State the Board's guidelines for withdrawal from multiemployer units as set forth in Retail Associates.

Question 2

Was Congress under the impression that the NLRA did not cover all confidential employees when it passed the Taft-Hartley Act in 1947?


daiying98

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Reply #1 on: Jun 24, 2018
Answer to Question 1

The Board's guidelines for withdrawal from multiemployer units are:
(a) Any party may withdraw prior to the date set for negotiation of a new contract provided that adequate notice is given.
(b) Once negotiations for a new contract have started, withdrawal is permitted only if there is mutual consent or unusual circumstances.

Answer to Question 2

A footnote to the NLRB v. Bell Aerospace decision suggested that Congress when it passed the Taft-Hartley Act, was under the impression that the NLRA did not cover confidential employees. The Court undertook a detailed analysis of the legislative history of the Taft-Hartley Act and determined that the footnote was in error. The Court of Appeals and Hendricks had relied on dictum in the erroneous footnote.


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