A perspective on the Electromation case from the U.S. Department of Labor

Article Abstract:

The Department of Labor hopes that Electromation and similar cases will not lead to an interpretation of labor law that is inimical to the use of labor-management cooperation. Such joint employer-employee efforts offer the best hope for improving US competitiveness. Attorneys and industrial relations experts have written widely on the legal aspects of labor-management cooperation. Some believe that legislation stating that employee-management committees do not constitute an unfair labor practice and that they are not a substitute for collective bargaining is necessary.

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Electromation and the future of labor-management cooperation in the U.S

Article Abstract:

The NLRB is reviewing the Electromation case in which an administrative law judge found the continued existence of labor-management committees after a union recognition petition to be an unfair labor practice under National Labor Relations Act 8(a)(2). The US will not remain competitive unless workers, their union representatives and management cooperate equally. Germany provides a good example of labor-management cooperation. Their Employees' Representation Act allow employee committees substantial influence over workplace management.

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Employee involvement and Electromation, Inc.: an analysis and a proposal for statutory change

Article Abstract:

Participatory management has been gaining popularity, so the NLRB's Electromation holding, that employee-management committees violate Section 8(a)(2) of the National Labor Relations Act (NLRA), has attracted much attention. The opinion is narrow and offers little guidance for dealing with other participatory management situations. Congress should clarify matters by replacing NLRA Section 8(a)(2) with a new Section 8(c)(2) specifically permitting participatory management committees.

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