In a recent development, it appears the National Labor Relations Board (NLRB) is set to reinvigorate a nearly forgotten doctrine from 1949 known as the Joy Silk doctrine. Under the guidance of the Board’s General Counsel, Jennifer Abruzzo, the move seems aimed at reviving a practice shunned more than a half-century ago, namely the requirement for employers to recognize unions without a secret ballot election.
This move, as reported in April 2022, suggests the NLRB will give significant weight to demands for union recognition, bypassing the traditionally held secret ballot election. You may recall, the Joy Silk doctrine demanded precisely this, but was largely dismissed as practicable law from 1969, after two decades of contention.
What this means for employers and corporate law professionals could be considerably impactful. This reversion to the Joy Silk doctrine could, in effect, put higher emphasis on union negotiations and potentially heighten the role of labor relations in corporate law.
Further details about the rejuvenation of the Joy Silk doctrine by the NLRB can be found on this recent JDSupra article.