Does the violation undermine the fundamental right to organize and/or engage in collective bargaining?
Certain violations of the Statute undermine the bargaining relationship. For example, a refusal to recognize and deal with the employees’ exclusive representative after certification would deny employees the benefits of unionization until the matter is ultimately resolved. Similarly, targeting union officials for a reduction-in-force would render a union unable to carry out its statutory duties as the exclusive representative, undermine the status of the exclusive representative and chill bargaining unit employees in exercising their protected statutory rights. The Regional Directors should consider whether the violation undermines the fundamental right to organize and/or engage in collective bargaining when deciding whether to recommend that appropriate temporary relief be sought. V. PROCESS The following process should be followed by the Regions to determine if a charge is a candidate for section 7123(d) relief. #1 REVIEW OF CHARGES Each Region should initially review all unfair labo
