May an employer form an "employee involvement teams/committee" in order to replace the desire for union?
Author: Jed L. Marcus, Bressler, Amery & Ross, P.C.
No. Section 8(2) of the National Labor Relations Act specifically prohibits an employer from interfering with and dominating a labor organization. Thus, an employer cannot recognize a minority union or form a company union in order to avoid unionization. However, an employer and its employees may form employee or joint employee/management committees for a number of legitimate purposes such as improving workplace safety, production quality, and even the resolution of workplace disputes so long as the committee is not charged with negotiating terms and conditions of employment or otherwise purporting to represent the workforce as a bargaining agent.