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" The "financial support" clause of Section 2 does not appear to have been broken, since the employer is allowed to confer with the employees on company time. The only point of question is the direct management participation in the committee. This could be interpreted as being more than conference. The employee committees, in order to fulfill the criteria of Section 2, would have to be comprised strictly of employees. These employees would then be able to conference with management, but management would not be considered an active participant or a voter in these committees. However, in an architecture firm where all employees are professional and projects are often completed collaboratively, the union's dogmatic schism between "labor" and "management" is probably anachronistic. In that type of business, those definitions are more fluid, such that "management" on the committees may not be any different from...
Such issues cannot be evaluated without further information, so without that information there is grounds to file an appeal, but the company cannot expect the appeal to be upheld.
It is more likely that any future committees would need to be absent of any sort of managerial personnel. Without managerial personnel of any type, the committees would be a form of organized labor. However, the charge of management dominating or supporting the groups would not be valid. As a result, the committees without managerial staff would be allowed to stand.
Works Cited:
National Labor Relations Act, Section 8a. Retrieved February 24, 2013 from http://everything2.com/title/National+Labor+Relations+Act%252C+Section+8%253A+Unfair+labor+practices
Works Cited:
National Labor Relations Act, Section 8a. Retrieved February 24, 2013 from http://everything2.com/title/National+Labor+Relations+Act%252C+Section+8%253A+Unfair+labor+practices
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