Joy Silk was a doctrine of the US National Labor Relations Board in effect from 1949 to 1966. The doctrine arose from Joy Silk Mills, Inc., 85 NLRB 1263 (1949) and was replaced by the Gissel doctrine after NLRB v. Gissel Packing Co., Inc. (1969). The doctrine holds that "if a union provides evidence that a majority of workers want to unionize", the employer should voluntarily recognize the union by default unless they have "good faith doubt" regarding that evidence. Further, "if there's an unfair labor practice, meaning the employer broke the law, then it is presumed that the workers wanted to join a union".[1]

Jennifer Abruzzo has proposed reinstating the Joy Silk standard, which would make it easier for workers to unionize.[1][2] According to law professor Risa Lieberwitz, "Bringing Joy Silk back would be a doctrine that more fully respects workers' rights to unionize."[3]

In 2023 in response to the company Cemex having been found guilty of two dozen illegal labor practices, by interfering with a union election, the NLRB effectively reinstated Joy Silk. Under the new policy if a majority of workers demonstrate support for a union, the company must recognize them or ask the NLRB to conduct an election. However if they commit unfair labor practices, the union will automatically be recognized and the company will be required to bargain.[4][5]

References

  1. 1 2 Toussaint, Kristin (11 February 2022). "The Joy Silk doctrine: How a small change to labor law could have huge benefits for organizing workers". Fast Company.
  2. ↑ Brandon Magner. "The New York Times Makes The NLRB's Case For Reviving The "Joy Silk" Doctrine". Labor Lab. Retrieved 14 April 2022.
  3. ↑ Sainato, Michael (11 March 2022). "US workers in new push for level playing field in unionization efforts". The Guardian.
  4. ↑ Wiessner, Daniel (25 August 2023). "NLRB paves way for workers to unionize without formal elections". Reuters.
  5. ↑ Jamieson, Dave (1 September 2023). "This New Landmark Case Is A 'BFD' — And Huge For Workers". HuffPost.

Further reading

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