The neutrality agreements take many forms and differ significantly in complexity and level of sophistication. For example, neutrality agreements can require the employer to not only maintain campaign neutrality, but also to:
- agree to a "gag order" on communications to employees about the union;
- extend preferential hiring rights at unorganized facilities;
- grant the union access to the facilities of the target employer to distribute union literature and meet with employees;
- recognize the union based on an authorization card majority, without an
- NLRB election;
- agree to start contract negotiations for the newly-organized unit within a
- specified (and short) time frame and submit open issues to binding interest arbitration if no agreement is reached; and extend coverage of the neutrality agreement to "affiliates" of the signatory company.
Neutrality agreements have become an issue of the highest priority to many unions. The Communications Workers of America has been a leading force in obtaining neutrality agreements in their recent collective bargaining negotiations. Other national unions, including the International Brotherhood of Electrical Workers, the Bakery, Confectionary and Tobacco Workers, the Hotel Employees and Restaurant Employees, and the United Steelworkers of America have also been successful in securing neutrality agreements in contracts.
Neutrality agreements pose many legal and strategic risks for employers and must be carefully evaluated. If you wish to discuss the legal and practical implications of neutrality agreements or other union organizing tactics, please contact Charles I. Cohen at 202-467-7710 or e-mail at cohe7710@mlb.com. Mr. Cohen is a former Member of the National Labor Relations Board, the federal agency that regulates union organizing in the private sector.
This article is published to inform clients and friends of Morgan Lewis and should not be construed as providing advice on any specific matter.