8. What is the EFCA (cont.)? “ Card Check” decides union issue : “...whenever a petition shall have been filed ... alleging that a majority of employees in a unit appropriate for the purposes of collective bargaining wish to be represented by [a union] for such purposes, the Board shall investigate the petition. If the Board finds that a majority of the employees in a unit appropriate for bargaining has signed authorizations designating the [union] as their bargaining representative ... the Board shall not direct an election but shall certify the [union] as the [exclusive bargaining] representative [of that] unit of employees …”
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27. The RESPECT ACT & Supervisory Status Sec. 2(11) of the NLRA defines Supervisor : “… any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.”
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32. Stephanie G. John [email_address] (713) 335-2120 Lance A Bowling [email_address] (713) 335-2151