Basic Terms
Bargaining order
A bargaining order is an order issued by the NLRB in cases where the employer commits serious unfair labor practices (ULPs) to undermine a union’s majority status (for example, determined through union authorization cards). A bargaining order requires the employer to bargain with the union. In the case of Lodi, because (1) the union got authorization cards signed by a supermajority of workers; and (2) Lodi and Mattos Hospitality committed serious ULPs, NLRB announced they are seeking to issue a bargaining order directing the employer to recognize and bargain with the union.
Captive audience meeting
A captive audience meeting is a mandatory meeting organized by an employer to spread misinformation about unions. The goal is to convince workers that they should not join a union to fight for better wages and working conditions. Captive audience meetings are currently illegal in New York State. The NLRB is charging Lodi and Mattos Hospitality with holding illegal captive audience meetings during the union campaign.
Cemex
The recent NLRB Cemex decision holds that when an employer commits any unfair labor practice (ULP) requiring a union election to be set aside, the Board will simply order the employer to recognize and bargain with the union. In the case of Lodi, the NLRB is seeking a Cemex bargaining order.
Collective bargaining
Collective bargaining refers to negotiations between employers and workers that aims to reach an agreement over wages, working conditions, benefits, job security, training, and other aspects of our work life. The result is a contract known as a collective bargaining agreement (CBA).
Contract
Labor contracts refer to agreements between employers and workers that define wages, benefits, and other conditions of employment. Without a union, the employer determines the terms of the contract on their own – and if you don’t like it, you can get another job. The employer can change wages, benefits, etc. at any time, and they can discipline or fire you when for almost any reason, or no reason at all. With a union, the contract requires both sides to negotiate, which means that wages, benefits, and other working conditions are the subject of bargaining. Management cannot change the terms of a contract when they like. Nearly all union contracts require employers to have a reason in order to discipline or fire you.
Labor law
Labor law sets the rights and duties of employers and workers. The National Labor Relations Act (NLRA) is statute of labor law that guarantees the rights of workers to organize into unions, engage in collective bargaining, and take collective action. In the current case, the federal government is charging Lodi and Mattos Hospitality with violating our rights under the NLRA.
Merit determination
After a union files unfair labor practice (ULP) charges, the NLRB undertakes a thorough investigation. During the investigation, they take evidence from both sides. Then they decide which charges have merit – or in other words, which charges they will prosecute. The NLRB does not take this step lightly. They only prosecute charges for which there is rock-solid evidence. In the case of Lodi, the NLRB found merit to over a dozen charges. The next step will be a written publication of the complaint, which will set in motion the process leading to a trial.
National Labor Relations Board (NLRB)
The NLRB is a federal agency that enforces the right of workers to join together to fight for better pay and working conditions. Among other things, the NLRB prosecutes unfair labor practices (ULPs) by employers.
Unfair Labor Practice (ULP)
A ULP is conduct that violates the rights of workers to organize, unionize, and bargain collectively. The NLRB is prosecuting Mattos Hospitality and Lodi on over a dozen ULPs they committed in their attempt to prevent Lodi workers from unionizing.
Union
A union is a democratic organization that defends the interests of workers. Unions allow workers to negotiate collectively over wages, benefits, hours, tasks, safety measures, provision of equipment, and other conditions of employment. In general, unionized workers have significantly higher wages and benefits than their non-unionized counterparts. Unions defend and protect workers from unfair treatment at the hands of management. The union is US, the collective power and wisdom of the workers who make our workplace run.
Union busting
Union busting refers to tactics, both legal and illegal, undertaken by employers to prevent their employees from exercising their democratic right to form a union. The current charges against Lodi are all examples of illegal union busting tactics.
Union election
If a majority of workers want to form a union, they can do so in several ways. One way is to sign union authorization cards and ask the employer for voluntary recognition. Another way is to hold a union election, which requires a fair environment. If the employer committed unfair labor practices (ULPs) making the election unfree and unfair, the NLRB may recognize the union and issue a bargaining order based on the authorization cards. This is what the NLRB is seeking to do in the case of Lodi.
Voluntary recognition
Voluntary recognition means an employer recognizes a union once a majority of workers have signed cards authorizing the union to represent them. At Lodi, we asked for voluntary recognition once 2/3 of the workers had signed cards, but the company refused.