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How do State and Local Laws impose Neutrality & Card Check?

Similar to neutrality clauses in collective bargaining agreements, another tactic employed by unions to increase union membership without actually soliciting the preferences of workers is to incorporate neutrality agreements in local government wage ordinances. These ordinances often impose so-called “neutrality agreements” on employers who accept service contracts, operating grants, or tax abatements from local governments and bar employers from providing factual information about the possible downsides if unionization, should a union attempt to organize their workers.

They also prevent employers from insisting on a secret ballot election to protect their employees’ rights and force employers to recognize the union as the monopoly bargaining representative when presented with a majority of signed authorization cards, despite the fact that often employees sign such cards under false pretences. Here are a few examples of these ordinances, which are likely pre-empted by the NLRA, that include neutrality or card-check provisions:

Pataki

Legal Documents

MMAC Case

News Releases

Case Summary and Legal Documents

For more, see our “Neutrality Agreement” Resouces Section.