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LittlerThis article recently appeared in the National Solid Wastes Management Association, September 2005.

Union Issues in the Solid Waste Industry

by Ronald J. Holland and Philip Paturzo

Summary sentatives of employees for collec- rates above the national average. In tive bargaining purposes, and the contrast, states in the Southeast and Union membership in America has bargaining process itself. It also Southwest tended to have far less been in a downward spiral for the addresses recent strikes in the in- union density. past 50 years. However, this does dustry and the ways employers can not mean that the private solid prepare in advance to reduce the Given the steady decline in union waste industry can rest easy. Be- impact of a strike. Finally, the pa- membership throughout the coun- cause the type of work performed per looks at management initiatives try, the private solid waste industry by industry employees cannot be that should be used to reduce the should not be concerned about new sent abroad to reduce labor costs possibility that employees will seek organizing efforts, right? Wrong. and the nature of the business is union representation. recession-resistant, unions recently The Teamsters boasts that it rep- have targeted solid waste compa- Background resents over 25,000 private solid nies. Specifically, the International waste industry workers.2 And it is Brotherhood of Teamsters, the larg- Labor unions have existed in not content to stop there. In 2004, est union player in the field, has America since the 1800s. By the Teamsters President James P. Hoffa publicly vowed to unionize private mid-1950s, at the height of the la- said: “It is the priority of the Team- solid waste companies nationwide bor movement, roughly 35 percent sters Union to bring justice to solid and has expended significant re- of the American workforce was waste workers throughout the coun- sources to achieve that goal. Re- unionized. While union ranks have try”.3 While the Teamsters’ past in- cently, it announced its separation fluctuated since, there has been a discretions may cloud its definition from the AFL-CIO to pursue a more significant and consistent decline of “justice,” it has certainly initiated aggressive organizing strategy. Solid in union membership over the last efforts to organize the private solid waste companies will certainly con- 50 years. waste industry, including a two-day tinue to be a high priority for new strategic planning session in the Teamster organizing. According to the Bureau of Labor Fall of 2004 aimed at the industry’s Statistics, 12.5 percent of wage and three largest companies—Waste This paper reviews the methods salary workers were members of a Management, Allied Waste, and used by unions to organize com- labor union in 2004.1 All states in Republic Services. The Teamsters panies, the procedures by which the Middle Atlantic and Pacific re- have appointed a National Solid unions become certified as repre- gions reported union membership Waste Coordinator, Ed Jacobson, to

1 Bureau of Labor Statistics, Union Members Summary, www.bls.gov/news.release/union2.nr0.htm (Jan. 27, 2005). 2 Waste News, Teamsters Target Trash Industry, www.wastenews.com (Mar. 29, 2004). 3 International Brotherhood of Teamsters, Teamsters To Hold National Solid Waste Strategic Planning Meeting, www.teamsters.org (Oct. 2004).

T M LITTLER MENDELSON, PC The National Employment & Labor Law Firm www.littler.com A Littler Archive Newsletter page 2 spearhead its organizational efforts. surance coverage for employees in a thinly- union representation is through an NLRB- veiled attempt to establish a foothold within conducted election. A union files an election It is not surprising that the industry has be- that company. Often, such corporate cam- petition with the Board that must be support- come a high-profile target of union organizing paigns serve to drive down stock prices even ed by a sufficient “showing of interest.” This efforts. First, the industry is recession-resis- if the union’s goal of organizing is not met. showing of interest is met by evidence that at tant. Second, unions have lost many mem- least 30 percent of employees in the unit the bers due to companies moving jobs abroad Another organizing method used with some union is attempting to organize wish to be in order to reduce labor and regulatory costs success is “salting.” This is where a union or- represented by the union. Typically, a union and the industry provides unions with an op- ganizer applies for a job with an employer for will not proceed to this stage unless there is portunity to get new members. As a result, the sole purpose of organizing its employees. support from a majority of employees. other unions have thrown their hat into the Last, unions have become technologically ring, including the Operating Engineers, the savvy in an effort to reach a broader base of Sometimes a union representative or employ- Longshoreman, and the Machinists. potential members through the internet and ee will approach a member of the manage- specific union websites. ment team and hand him or her signed union Union Organizing Tatics authorization cards. It is imperative that the Card Check Agreements and Union manager or supervisor refrain from inspect- Before addressing the process of union orga- Representation Petitions ing the cards. The NLRB has held in a num- nizing, it is necessary to have a basic under- ber of cases that supervisors reviewing cards standing of the relevant federal statutes and Now that you know the methods used by and expressing their belief that the signatures administrative agencies you will encounter unions to organize employees, we turn to are genuine can constitute voluntary recogni- along the way. In 1935, Congress enacted the how they actually get their foot in the door. A tion without the need for an election. Thus, National Labor Relations Act (NLRA), which tactic that has become increasingly popular is if presented with this situation, management is a federal law designed to regulate employer, pressuring employers to enter into card check should simply tell the presenter of the cards union and employee conduct. In conjunction recognition agreements. In these agreements, to contact the NLRB. with this statute, Congress also established employers agree to forgo an NLRB-conducted the National Labor Relations Board (NLRB election and negotiate with the union as the Once a petition is filed with the NLRB, a or “the Board”), which is an administrative employees’ representative if the union is able hearing will be set within the next 14 days. agency charged with implementing the poli- to collect signed authorization cards from a The hearing is primarily used to resolve is- cies of the NLRA. majority of employees. Authorization cards sues concerning which employees are eligible are simple documents signed by employees to vote in the election. Usually, the employer While often employees will seek out unions stating that they wish to be represented by and union will agree to the group of voting for representation, recent history has shown the particular union. Employees are easily employees without proceeding to a hearing. that unions are taking a more proactive ap- pressured to sign these cards by union orga- Then, an election date will be set within 42 proach to organizing. For example, unions nizers. days of the date after the petition was filed. have employed a “top down” approach Ultimately, employees will vote in a secret whereby they target employers vulnerable Unions often ask the employer to remain ballot election and the union must obtain to adverse publicity campaigns and politi- neutral (refrain from expressing positive or a majority of the votes counted to be suc- cal pressure. In those cases, unions aim their negative views concerning union representa- cessful. A tie goes to the employer. Employ- campaign at the larger corporation (specifi- tion) when soliciting cards. The card Union ers prefer secret ballot elections over a card cally, the Board of Directors and sharehold- Organizing Tactics check/neutrality agree- check because it ensures employees will have ers) rather than individual business units, ment path is preferred by unions because the opportunity to vote their conscience with with the hope they can force the corporation studies have shown that unions’ success rate little fear of retaliation by the union. to voluntarily agree to recognize the union in organizing employees under this method without proceeding through a Boardcon- is significantly greater compared to their suc- In between the time a petition is filed and ducted election. cess rate in NLRB-conducted elections. This when the election is held, often known as the is because employees only hear one side of “critical period,” an employer is permitted to Recently, unions have attempted to use the the story and that story is often misrepre- run a campaign (including speeches and writ- media as a weapon to target companies. For sented. Employees are sometimes coerced ten communications) to express its views on instance, several unions enlisted the help of into signing cards and sign them believing why it does not believe a union is necessary. “Dateline” to investigate allegations (which the union will then leave them alone. Unfor- However, supervisors must be careful of what turned out to be false) concerning a super- tunately, employees do not realize that they they say and how they say it to avoid running market chain’s products and treatment of have a legal right not to join a union. During afoul of the NLRA. The acronym “TIPSS” can customers. Unions have also made an effort an election campaign, employers are permit- help supervisors remember certain prohibi- to attack the public image of companies, ted to inform employees of this right as well tions: known as “corporate campaigns.” For ex- as other legal rights protected by federal law. •Threaten. Supervisors cannot threaten ample, a union has expended significant time employees with harm or retaliation (econom- and resources attacking Wal-Mart’s health in- The traditional method for determining ic or otherwise) if they decide to sign a union

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card or join or vote for the union. away from, the bargaining table. •Interrogate. Management cannot ask What Happens if the Union Wins an any employee whether he or she favors the Election? Although the NLRA does not compel either union, has signed a union authorization card, party to agree to a contract or require the or has attended a union meeting. In general, if the union wins an election, the making of a concession, the Board regularly •Promise. Supervisors cannot promise employer and the union will meet to attempt looks to a general willingness to make con- any benefits or rewards (e.g., wage increases, to negotiate a collective bargaining agree- cessions as evidence of good faith. Converse- bonuses, etc.) for refusing to sign a union ment covering the terms and conditions of ly, the courts and the Board will often treat an card or voting against the union. employment for employees who voted in the absolute refusal to grant any concessions as a •Solicit. Management cannot solicit election (“the bargaining unit”). Examples of showing of bad faith. Because the laws gov- grievances from employees about work- typical bargaining subjects include wages, erning bargaining are so vague, there is truly ing conditions while expressly or impliedly work schedules, retirement and pension pro- no substitute for the instincts and savvy that promising corrections. visions, health insurance, vacation, holidays, can only be gained from actually participat- •Surveillance. Supervisors cannot con- absenteeism, disciplinary procedures, and ing in the negotiation of a union contract. duct unlawful surveillance (e.g., parking out- mandatory alcohol and drug testing. Recent side a union meeting) of employees or even and substantial increases in the costs of health There is no bright-line test as to what con- give the impression of surveillance. insurance has been a hot button topic for stitutes bad faith bargaining. However, there parties during negotiations. In addition, key are some examples of automatic violations of In addition to the specific conduct outlined issues such as wages, retirement, no strike/ the duty to bargain in good faith, including above, the general rule is that once a petition lockout prohibitions, management rights, bargaining directly with employees, refusing is filed, an employer may not make changes and union security language often prove to to sign a written agreement reached by the in wages, hours, and working conditions. be significant hurdles in the parties’ attempt parties, and sham bargaining —where a party The exception to this rule is where the em- to reach agreement. Employers are advised to merely goes through the motions of negotia- ployer can show such changes would have plan a bargaining strategy before sitting down tions with no intent to reach agreement. been made even in the absence of the peti- with the union and to remain consistent in tion. Basically, employers must act as they the execution of that plan throughout nego- Reducing the Risk of an Unfair Labor would in the absence of a union campaign. It tiations. Practice is vital for an employer to conduct itself law- fully because violations of the NLRA during Ordinarily, employers choose to negotiate There are a few techniques employers can the critical period may block an election from contracts solely on behalf of themselves. use to minimize the likelihood of a ULP or proceeding or even overturn an election won However, there are situations where a group at least to successfully defend against such an by the company. of employers join multi-employer associa- allegation. They include: tions to negotiate a single contract covering •Make proposals in writing to prevent Over the past three years, unions have pre- the separate entities. While this structure mischaracterization. vailed in over 55 percent of Board-conducted may provide employers with increased bar- •Document your requests for frequent elections (these statistics do not reflect those gaining power through pooled resources, it negotiating dates and convenient negotiating cases where a union withdrew its petition can sometimes backfire because the multi- times to preclude allegations of stalling. prior to the election).4 However, employers employer association is only as strong as its •Note any tentative agreements reached in the waste service industry have had recent weakest link. by the parties in subsequent written propos- successes in such elections well above the na- als. tional average. Since 2004, industry employ- There are very few hard and fast rules in the •Keep accurate and contemporaneous ers have won 33 of 58 elections — a winning area of collective bargaining. Instead, the ac- notes during negotiations because they will percentage of 56 percent. Some of the larg- tions of parties are governed by the flexible serve as valuable evidence in the Board’s re- est elections with respect to the number of and ever evolving standard known as “good view of any charges. employees voting include: Republic Services faith.” Under the NLRA, the employer and •While parties typically negotiate over of Indiana versus the Auto Workers Union union are required to bargain in good faith. language issues first and reserve economic (180 to 70); Allied Waste versus Teamsters Should either party believe that the other has issues for later, it is important to focus on Local 728 in Denver (164 to 77) and Waste not bargained in good faith, it can file an un- major outstanding issues to avoid getting Management versus Teamsters Local 379 in fair labor practice charge (ULP) with the Board bogged down in minutia. Woburn, Massachusetts (59 to 43).5 Based on claiming a violation of the NLRA. In the event •Insist upon proposals from the union these figures, it is evident that companies in of such an allegation, typically the Board will to avoid delay and the mistake of negotiating our industry have proven to be a formidable determine whether a party bargained in good against yourself. foe despite the unions’ targeting of the indus- faith after analyzing all of the circumstances •Promptly respond to relevant informa- try. surrounding the party’s conduct both at, and tion requests made by the union.

4 The Labor Research Association, Union Elections: Certification Elections (1990-2004), www.laborresearch.org (2005). 5 Labor Relations Ink, www.lrionline.com (2005).

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facilities have workers covered by different As to be expected, the bargaining process In October 2003, 3,300 Teamsters members collective bargaining agreements often with does not always run smoothly. Often, to gain went out on strike when negotiations stalled other unions. In the event of a strike at one a bargaining advantage, the union will file with the Chicagoland Refuse Haulers Asso- facility, employees covered under different a ULP with the Board alleging that the em- ciation, a multi-employer bargaining associa- contracts may choose to honor the striking ployer has violated the NLRA. Typically, those tion comprised of 16 solid waste companies. employees’ picket line and refuse to provide charges come in one or more of the following The strike, which received national media services to the employer. This is known as a three forms: attention, was settled after eight days, with sympathy strike. Should the employees en- •Section 8(a)(1) of the NLRA makes it health care the primary contested issue. gaged in a sympathy strike violate unlawful for an employer to interfere with, a broad no-strike clause in their own con- restrain, or threaten employees from joining Preparing for a Strike tract, such activity is not protected by the or refraining from joining a union or engag- NLRA and they may be disciplined or perma- ing in group activity related to their employ- Given the recent increase in strikes directed nently replaced. ment conditions. These cases generally arise at the industry, it is critical for employers to from unlawful threats (e.g., “If you continue have comprehensive no strike prohibitions The general consensus is that nobody wins in to support the union, we’ll close this facility in their collective bargaining agreements. the event of a strike. However, an employer’s down and you will be out of a job.”) or inter- But because most strikes occur during nego- ability to continue effective operations dur- rogations about an employee’s union activi- tiations for a first contract or after a contract ing a strike will allow it to bargain from a ties. expires, it is important for employers to pre- position of strength during negotiations that •Section 8(a)(3) of the NLRA makes it pare for a strike in advance of a breakdown in seek to bring the work stoppage to a quick unlawful for an employer to discriminate negotiations. An employer has the absolute and favorable resolution. It is simply human against an employee to discourage member- right to operate during a strike. In order to nature for striking employees to become dis- ship in a labor organization. These cases usu- maintain operations, there are several steps couraged if, while standing on a picket line, ally involve disciplinary or termination deci- employers can take. In an economic they watch their employer continue to do sions. strike (initiated to bring economic pressure business. Thus, it is crucial for employers to •Section 8(a)(5) is the provision of the to bear during negotiations), employers are have a strike plan prepared for immediate NLRA that compels an employer to bargain free to hire permanent replacements. In a implementation should such an event arise. in good faith, as described above. ULP strike an employer may hire temporary replacements. The employer can place ads in Union Decertification A more powerful tactic used by unions to newspapers to hire replacements. Some states achieve its goals during bargaining is a strike. require employers to alert potential hires that Employees may become dissatisfied with In the past few years, unions have employed a strike is in progress. their union representation for a variety of this economic weapon against employers in reasons. Often, employees will circulate a pe- the private soild waste industry with increas- Unionized employers can also inform strik- tition saying that they no longer wish to be ing frequency. In January 2005, approxi- ing employees of their right to cross a picket represented by their union. Employees may mately 180 Teamsters’ members went out on line. Upon request, employers may provide only rid themselves of union representation strike against Waste Management in Mercer employees with information explaining how via a petition one year after the union wins County, New Jersey. The strike lasted 34 days. they can resign from the union to avoid in- an election and is certified and no contract In August 2004, Teamsters Local 350 went curring penalties that may be levied against is reached, or after a contract has expired. It out on strike against GreenTeam/Zanker for them by the union for crossing a picket line. is important that management personnel not five days in Sunnyvale, California. Employers must refrain from encouraging, instigate, assist, or participate in any way with threatening or instigating employees to in- respect to the circulation of such petitions. In March 2004, approximately 50 members voke such resignation procedures. of Teamsters Local 439 went out on strike If an employer receives a decertification peti- against Stockton Scavenger for eight days. If the prospect of a strike increases, em- tion from its employees, it generally has In May 2004, some 280 members of Team- ployers should be prepared to use supervi- two options: sters Local 533 in Reno, Nevada, went out on sory and management personnel to assume •First, the employer can unilaterally strike against Waste Management for a week. employees’duties during a strike. Employers withdraw recognition of the union and re- In August 2004, approximately 400 City em- Recent Strikes in the Private Solid Waste In- fuse to engage in further negotiations if it has ployees, including garbage workers, went on dustry with multiple facilities may also con- objective evidence (e.g., the petition) that a strike in Billings, Montana for 11 days. In sider using employees from other locations to majority of the employees in the bargaining 2003, 19 members of Teamsters Local 142 fill in while a strike persists. Subcontracting unit no longer want to be represented by struck Enterprise Trucking & Waste Hauling is another viable alternative for employers to the union. The employer should take steps in Gary, Indiana for more than two months. pursue to assure that operations continue in to verify the authenticity of the signatures on Among the key issues leading to the strikes the event of a strike. the petition. were wages, health insurance co-payments, •Second, the employer upon receiving and mandatory overtime. In many instances, employers with multiple a petition signed by a majority of the em-

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ployees may file an election petition with the •Know your employees well, including nity of interest, effective dealings, efficiency Board requesting a decertification election. their interests, motivations, needs, and ambi- of operations, for collective bargaining pur- tions. poses. Certain types of employees cannot be Employees can also go directly to the Board •Communicate changes and keep your included in units—e.g., management officials without presenting their petition to the em- employees informed and involved. and supervisors. All employees covered by ployer to request a similar election. In such •Provide periodic feedback. the contract are in the unit, but are not nec- cases, the same general rules and procedures essarily union members. will apply as in the case where a union files While these principles are not exhaustive, a petition to represent the employees. There they can serve to limit an employer’s expo- Card Check Recognition Agreements: is one exception and that is during the cam- sure to potential union organizing at its fa- Agreements where employers agree to forgo paign stage the employer may tell employees cilities. The ability of a company to remain an NLRB-conducted election and negotiate that they will not suffer wage reductions or a union-free in the private solid waste industry with the union as the employees’ represen- loss of benefits if the is a reasonable and legitimate goal because tative if the union is able to collect signed union is voted out. union contracts tend to limit an employer’s authorization cards from a majority of em- ability to effectively and promptly respond to ployees. In the past three years, employers have won changing market conditions. In addition, by just over one-third of the decertification following these guidelines, Collective Bargaining Agreement (CBA): elections held nationwide.6 Within the solid employers will likely see less employee turn- CBAs set forth the conditions of employment waste industry, however, employers have over and gain a more productive workforce. of bargaining unit employees, various rights had some recent success. In 2004, employ- and obligations of the parties to the agree- ers won four decertification elections against Sources: ment (i.e., the union and the employer or the Teamsters: Biosystems/Stericycle in Mas- •The National Employer multiemployer association), the negotiated sachusetts (11 to 1); Allied Waste in Kilgore, grievance procedure, dues withholding pro- Texas (26 to 22); Santiam Sanitary Service Websites: visions, and the duration of the agreement. in Aumsville, Oregon (11 to 0) and Deffen- •http://www.acssonline.org/dictionary/ baugh Disposal Service in Omaha, Nebraska labor Decertification election: Election of union (69 to 40). In the same year, unions prevailed •http://www.opm.gov/lmr/glossary/in- employees seeking to remove the union as in only three decertification elections.7 Thus, dex.asp their union representative. Employers re- the winning percentage for private waste ser- ceiving a petition signed by a majority of the vice companies in 2004 far exceeded the na- Glossary: employees may file such a petition with the tional average. NLRB. Employees can also go directly to the AFL-CIO: The American Federation of Labor NLRB, without presenting their petition to the Proactive Management Techniques (AFL) and Congress of Industrial Organiza- employer to ask for a similar election. In such tions (CIO) is a voluntary federation of 54 cases, the same general rules and procedures After reviewing the methods of organization national and international labor unions. will apply as in the case where a union files used by the union, the election process and a petition to represent the employees. There subsequent issues that arise during bargain- Authorization cards: Documents signed by is one exception and that is, during the cam- ing, it may be helpful to take a step back and employees stating that they wish to be rep- paign stage, the employer may tell employees take a look at why employees may seek union resented by the particular union. The autho- that they will not suffer wage reductions or a representation. Often, employees gravitate rization card will typically say “I hereby au- loss of benefits if the union is voted out. towards unions to find protection from what thorize ABC Union, AFL-CIO or its chartered they perceive to be flaws in management. A local union(s) to represent me for purposes Economic strike: A strike initiated to bring human resources manager in the solid waste of collective bargaining.” The card generally economic pressure to bear during negotia- industry wisely stated: “Management has or- asks for the employee’s personal information, tions. In such a strike, employers may hire ganized more unions than unions ever will.” including name, address, phone number, em- permanent replacements for striking work- While it is always important to treat employ- ployer name, employer’s address, hire date, ers. ees with respect, there are six general guide- hourly wage, position or type of work per- lines that managers can follow to limit dis- formed, shift and the employee’s signature. Election petition: Usually filed by the union sention within their ranks: with the NLRB requesting that an election be •Communicate and administer company Bargaining unit: (sometimes referred to as held. The petition must be supported by a policies in a fair and consistent manner. an “appropriate unit”). A grouping of em- sufficient “showing of interest” which means •Be a good listener. ployees that a union represents or seeks to that at least 30 percent of the employees in •Resolve problems, questions, and com- represent and that the NLRB finds appropri- the proposed bargaining unit. plaints promptly. ate under certain criteria, including commu-

6 The Labor Research Association, Elections (Decertifications, Employer Petitions), www.laborresearch.org (2005). 7 Labor Relations Ink, www.lrionline.com (2005).

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Management rights: Certain rights, often cards and make a statement regarding the identified in the “management rights” clause Sympathy strike: In the event of a strike at genuiness of the authorization card, volun- of a negotiated agreement (or collective bar- one unionized facility, employees covered un- tary recognition of the union occurs and no gaining agreement), that are not within the der different contracts may choose to honor election is needed. scope of bargaining because they are intrin- the striking employees’ picket line and refuse sic to the employer’s managerial role. While to provide services to the employer. Should the employer is not required to bargain on the employees engaged in a sympathy strike such matters, it must bargain on their effects violate a broad no-strike clause in their own if there is an impact on wages, hours, or other contract, such activity is generally not pro- terms and conditions of employment. Multi- tected by the NLRA and they may be disci- employer associations: A group of employers plined or permanently replaced. that join together to negotiate a single con- tract covering employees at separate entities. Temporary replacements: Workers that can be hired by an employer to replace employees National Labor Relations Act (NLRA): The out on an unfair labor practice strike. As with legal foundation of the American collective economic strikes, the employer can place ads bargaining system. Sometimes referred to in newspapers to hire replacements. Some as the Wagner Act, this statute is the frame- states require employers to alert potential work for most private sector bargaining that hires that a strike is in progress. Temporary falls under federal jurisdiction. The NLRA replacements cease working once a strike guarantees to workers the right to organize ends and striking employees return to work. unions and bargain collectively and empow- ers a judicial labor system, the National La- Unfair Labor Practice (ULP): An action by bor Relations Board (NLRB or the Board) to an employer or union that violates any right conduct union certification elections and to protected by the NLRA. The most common investigate and prosecute violations of em- ULPs are duty to bargain ULPs (usually a ployee rights. failure to give the union notice of proposed changes in conditions of employment) and National Labor Relations Board (NLRB): the most common union ULP is a failure to An independent regulatory commission cre- represent all unit members without regard to ated in 1935 by the National Labor Rela- union membership. tions Act, with five members appointed by the President subject to confirmation by the Unfair labor practice strike: A strike re- Senate. The NLRB is intended to protect em- lated to the filing of an unfair labor practice ployees’ rights to unionize, prevent abuses by charge. In such a circumstance, an employer employers or unions, and oversee elections. may hire temporary replacements but not permanent replacements. That means at the No strike/lockout prohibitions: A term in a end of the strike the striking employees get collective bargaining agreement that prohib- their jobs back. its strikes by union members and lockouts by employers. Permanent replacements: Persons Union: A labor organization that is an or- that are hired to replace workers out on an ganization composed in whole or in part of economic strike. These replacements will employees in which employees participate remain employed even after a strike ends. and pay dues, and which has as a purpose Striking workers are placed on a preferential dealing with grievances and conditions of hiring list and may only return to work once employment. a job is available. Union security clause: A provision in a col- Salting: An organizing method used by lective bargaining agreement that protects the unions where a union organizer applies for a union by assuring it income through manda- job with an employer for the sole purpose of tory membership or fees and/or employer organizing its employees. collection of dues or fees. There are various types including agency shop, dues check off Subcontracting: Where an employer hires and maintenance of membership. third parties to perform some of its services during a strike in order to assure that opera- Voluntary recognition: The NLRB has held tions continue. that when supervisors review authorization

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