Neutrality Agreements

Experience shows that many employees are forced or misled to sign these authorization cards, often wrongly, that they are just health insurance forms, non-binding “declarations of interests”, election applications or even tax forms. In addition, the Neutrality Sme finds that the wording of certain neutrality agreements may be unlawfully imposed and applies the same standard of “more than ministerial support” to analyse the legality of certain provisions relating to neutrality agreements. Therefore, neutrality agreement provisions that allow or require an employer to provide “more than ministerial assistance” to a union are illegal. These include unions and politicians who depend on the political power of the union who advocate neutrality agreements and card-checking elections, and it is not surprising why. Access to premises: Neutrality agreements usually give the union permission to visit the company`s site during working hours to collect union authorization cards. This situation is different from the NLRB and court guidelines, which provide that an employer is not required and may indeed be prohibited from giving the union such full access to its workers. The actions of General Counsel described above are a clear signal that the Office of the General Counsel will take the position that many, if not all, such agreements constitute a form of unlawful aid and infringement of workers` rights under the law. The impact of such a reversal of the law cannot be overesated. .

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