Union Organizing under Neutrality and Card Check Agreements

Collectively bargained language concerning union organizing has become increasingly common. Typically included in such language is the employer's agreement to remain neutral in the organizing process, or to recognize unions based on card checks by neutral third parties (as an alternative to NLRB elections), or both. The authors examine the content of and organizing experience under 118 separate written agreements of this kind. They find strong evidence that card check agreements reduced management campaigning, as well as the use of illegal tactics such as discharges and promises of benefits, and also substantially increased the union recognition rate. Neutrality alone apparently had much less effect, but agreements containing only neutrality provisions have sometimes led to card check agreements. Two less common provisions of organizing agreements that appear to have increased organizing success were campaign time limits and requirements that employers provide unions with employee lists.