No Holds Barred: The Intensification of Employer Opposition to Organizing

[Excerpt] This study is a comprehensive analysis of employer behavior in representation elections supervised by the National Labor Relations Board (NLRB). The data for this study originate from a thorough review of primary NLRB documents for a random sample of 1,004 NLRB certification elections that took place between January 1, 1999 and December 31, 2003 and from an in-depth survey of 562 campaigns conducted with that same sample. Employer behavior data from prior studies conducted over the last 20 years are used for purposes of comparison. The representativeness of the sample combined with the high response rate for both the survey (56%) and NLRB unfair labor practice (ULP) charge documents (98%) ensure that the findings provide unique and highly credible information. In combination, the results provide a detailed and well-documented portrait of the legal and illegal tactics used by employers in NLRB representational elections and of the ineffectiveness of current labor law policy to protect and enforce workers rights in the election process