Mixed Unions Are Valid Representation Agents Once Recognized by Employers
Description Appeals court reversed the ruling of the NLRB that a mixed union, one that admitted security guards and non-guards into membership, was under the NLRA. While the NLRB may not certify such unions, an employer may voluntarily recognize them, at which point they are due NLRA protection.
Topic Labor Law
Key Words Mixed Unions; Certification
C A S E   S U M M A R Y
Facts Temple Security provides security services for various clients. It recognized the General Service Employees (GSE) Union as the representative of all its guards and there were a series of collective bargaining agreements. When one agreement expired, Temple refused to negotiate with GSE and recognized a new union, ICG, and signed a bargaining agreement with ICG as representative of its guards. GSE filed charges with the NLRB, but it ruled against GSE because it is a mixed union-it admitted both guards and non-guards into membership. The NLRA states that the NLRB will not certify mixed unions. The union appealed.
Decision Reversed and remanded. "The twist here is that, as a mixed-guard union, the GSE was not entitled at the outset to be certified as the representative of its employees. Nothing in [the NLRA] however, forbids an employer from voluntarily recognizing such a union." Hence, the NLRA is extended to a union that is voluntarily recognized by an employer as the representative of its employees. The GSE is not denied all protections offered by the law, but since it cannot be certified by the NLRB, it does not gain the extra rights provided by certification.
Citation General Service Employees Union, Local No. 73, SEIU, AFL-CIO, CLC v. NLRB, 2000 WL 1521760 (7th Cir., 2000)

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