In NLRB v. Wooster Division of Borg-Warner Corp., 356 U.S. 342 (U.S. 1958), the Supreme Court considered whether the employer unlawfully refused to bargain when it insisted that the collective bargaining agreement include a "ballot" clause, calling for a pre-strike secret employee vote as to the employer's last offer, and a "recognition" clause, substituting an uncertified local affiliate of the certified international union as the employees' exclusive bargaining agent. Specifically, the issue before the Court was whether either of these two clauses came within the scope of mandatory collective bargaining, as defined by the National Labor Relations Act (NLRA).
The materials and information included in the XpertHR service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Use of the service is subject to our terms and conditions.