The Remedial Efficacy of Gissel Bargaining Orders

Abstract

While most employers today respect the rights of unions to organize and bargain collectively, a minority use illegal means to resist organiza tion. All too often an employer confronted with an authorization card majority will refuse recognition in order to dissipate the union's support through unfair labor practices before an election can be held. In such cases, the National Labor Relations (NLRB or Board may grant relief by issuing a bargaining order.1 Though Gissel orders are relatively rare,2 they merit scrutiny. They are the NLRB's strongest remedy for the serious—and sometimes outrageous—unfair labor prac tices through which employers can frustrate employee free choice. The effectiveness of Gissel orders is a significant gauge of the Board's ability to protect and promote collective bargaining. This Article begins with a synopsis of the legal background of spe cial bargaining orders. The efficacy of the Gissel orders are then evalu