Bargaining Order Research Articles

A probit model of NLRB bargaining order cases in the appellate courts

This study examines NLRB bargaining orders that have gone to appeals courts and ascertains what factors influence whether or not the order is enforced and to what degree these factors influence the likelihood of enforcement. Substantial information has been collected from each reported appellate decision that reviewed NLRB bargaining orders issued over a four-year period. A probit regression model is employed to examine whether factors related to an employer’s unfair labor practice campaign are involved in the circuit court’s enforcement decisions or if more weight is given to unrelated factors, such as the circuit in which the appeal is heard or the amount of judicial delay involved in the appeals process.

The Remedial Efficacy of Gissel Bargaining Orders

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

Union Violence and Bargaining Orders: A New Approach to Laura Modes

Union Violence and Bargaining Orders: A New Approach to Laura Modes