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Culture War Roundup for the week of September 23, 2024

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The NLRB has a basic guide you might find informative.

What does the NLRB do?

The NLRB has two primary functions. First is to hear and adjudicate complaints about unfair labor practices by unions and employers. Second is to oversee union elections as a kind of third party arbitrator.

I thought unions were like some kind of trade association where all workers join and they collectively bargain with employers if they want access to their skilled labor pool.

In the United States the relevant verbiage is a "collective bargaining unit." What makes up a collective bargaining unit is at the NLRB's discretion, subject to some statutory constraints. Generally the idea is that it involves a group of individuals with the same or similar economic interest who are sensible to group together for the purpose of collective bargaining. In the United States you probably often hear about the "UAW" or "Teamsters." These groups are not collective bargaining units as such but are made up of many groups (often called local unions) who are. From the perspective of US labor law the local unions are the "real" unions, with rights and obligations with respect to employers and others.

That sounds fine, but then I learned that the NLRB exists and it actually makes it illegal for employers to refuse to negotiate with the trade association?

It is not really the NLRB as such but the National Labor Relations Act that imposes obligations on employers to negotiate in good faith with recognized unions of their employees.

And that their labor pool can actually be very unskilled?

Correct, there is no particular requirement that employees be "skilled" (whatever that means) for them to constitute a collective bargaining unit under US law.

I'm reminded, recently, that Starbucks was ordered to re-open stores that they shut down because they were union shops?

Yes. The NLRB found that Starbucks closed those stores because the employees at those stores had voted to unionize, which is an unfair labor practice. One of the examples they give in the basic guide is an employer threatening to shut down a plant as a way of discouraging plant workers from organizing.

If a business isn't allowed to shut down without NLRB approval and it must only employ some designated union, I'm going to say they're bad and should have this power revoked.

This is kind of like anti-discrimination law. It's not that businesses can't shit down locations without NLRB approval, it's that they cannot shut down a location because its employees decided to unionize. I agree ordering the business to re-open a location is not great, but I'm open to hearing what other remedy would be appropriate.