The United Auto Workers’ new president Bob King has declared that the UAW’s long-term survival depends on its ability to organize German, Japanese and Korean-owned plants in the United States.1 Meeting this goal will require a mix of traditional labor militancy but also, and perhaps more importantly, business acumen—convincing non-union automakers that union representation can coexist with their continuing prosperity. Relatedly, unions often try to pressure employers to agree to neutrality and card-check agreements but without being able to have any discussion of the likely terms of a future labor contract.
The recent 2-1 decision of the National Labor Relations Board (NLRB) in Dana Corp.2 may help in both situations, by clearing legal obstacles to the ability of unions and employers to agree to a framework for recognition and future bargaining—even before the union acquires majority support among the employees and is recognized as their exclusive bargaining agent.
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