Dana Corporation (I), 341 N.L.R.B No. 150, 2004

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Dana Corporation (I), 341 N.L.R.B No. 150, 2004

• Should a collective bargaining relationship
  established pursuant to an agreement between a
  company and union under which the company will
  recognize the union if the union obtains
  authorization cards from a majority of employees
  be given bar status if the agreement was made
  prior to the unions card campaign?

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Dana Rationale for Review

• Order of Events
• Precedent, order of events
• Card campaign and majority
• agreement to recognize on basis of card majority
• Dana Facts, order of events
• Agreement to recognize on basis of card majority
• Card campaign and majority
• Other cases assume voluntary recognition should
  be given bar status
• Implicitly, issue of bar status never raised
• Changing labor relations conditions
• Increasing use of neutrality agreements

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Dana Dissent

• Voluntary recognition long supported by Board
  decisions
• Board has applied bar status to pre-card
  majority agreements
• Post-card majority agreement not critical in
  cases where it occurred
• after-acquired facility doctrine
• Encourages harmony and stability in labor
  relations
• Permitting decertification petitions and
  elections will disrupt that harmony
• No compelling reason for review

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Dana (II), JD24-05

• Did a pre-recognition letter of agreement (LOA)
  between the UAW and Dana constitute unlawful
  recognition of the union by Dana in violation of
  Sections 8(a)(1), 8(a)(2), and unlawful
  acceptance of recognition by the union in
  violation 8(b)(1) of the NLRA?

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Dana (II) ALJ Decision

• LOA not unlawful recognition
• LOA does not include
• UAW right to adjust grievances
• Prohibition on change Terms and Conditions of
  emloyment (TCE) without bargaining
• wages, hours, pensions, vacations, grievances
• LOA includes
• Length of potential agreement
• Interest arbitration to resolve dispute over
  contract
• neutrality
• Dana and UAW may extend existing contracts to
  unrepresented facilities, so something less
  should be legal

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Hyperlink

• DanaMetaldyne Amicus Briefs