N.J. Card-Check Law Violates Employer's Free Speech


Among other things, New Jersey's "card-check" law amends the New Jersey Employer-Employee Relations Act by expanding the authority of the N.J. State Board of Mediation to determine when a laborlllion represents a majority ofemployees on the basis of simply counting the number ofsigned authorization cards. This card check recognition circumvents an employer's right to have an election and to campaign against union recognition.

On its face, the Card Check law represents a significant legislative victory for organized labor and a substantial legal burden for employers who desire to remain union-free. In reality, the law creates complex legal issues and may be unenforceable in many cases. Further in the cases where the law could be enforced, it creates unsettled procedural questions.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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