Understanding the Mike O'Connor Rule in Labor Law

Q: Can an employer refuse to bargain after a union victory?

Only if their objections to the election are sustained; otherwise, they must bargain as of the election date.

Q: What is the National Labor Relations Act?

The NLRA is a federal law that protects the rights of employees to organize and bargain collectively.

Definition & Meaning

The Mike O'Connor Rule refers to a principle in labor law concerning actions taken by employers after a union has won a representation election. Specifically, if an employer makes unilateral changes to working conditions before their objections to the election results are resolved, these changes are considered automatic violations of the National Labor Relations Act (NLRA) if the objections are rejected. Conversely, if the objections are upheld, the employer is not required to negotiate changes with the union, as they have no duty to bargain during that period.

Table of content

Legal Use & context

This rule is primarily used in labor law, particularly in cases involving union representation and collective bargaining. It plays a crucial role in determining the obligations of employers following union elections. Users may encounter forms related to labor disputes or unfair labor practices, which can be managed using legal templates available through US Legal Forms.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

(Hypothetical example) If a company changes employee work hours or benefits immediately after a union election, and the union wins, these changes could be deemed violations of the NLRA if the employer's objections are later rejected.

Relevant laws & statutes

The primary statute governing the Mike O'Connor Rule is the National Labor Relations Act (NLRA). This act outlines the rights of employees to organize and bargain collectively, as well as the obligations of employers in these processes.

Comparison with related terms

Term	Definition	Key Differences
Unfair Labor Practice	Actions by employers or unions that violate the NLRA.	Unfair labor practices can occur at any time, while the Mike O'Connor Rule specifically applies post-election.
Collective Bargaining	The process of negotiation between employers and a group of employees.	The Mike O'Connor Rule addresses the employer's duty to bargain after a union victory, while collective bargaining encompasses the entire negotiation process.

Common misunderstandings

What to do if this term applies to you

If you are an employee or union representative and believe that an employer has violated the Mike O'Connor Rule, consider documenting the changes made and consulting with a labor attorney. You can also explore US Legal Forms for templates that may assist in filing a complaint or addressing labor disputes. If the situation is complex, seeking professional legal assistance is advisable.

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Quick facts

Applies to actions taken by employers after union elections.
Violations occur if changes are made before objections are resolved.
Related to the National Labor Relations Act.

Key takeaways

Frequently asked questions

What happens if an employer makes changes after a union election?

If the changes are made before objections are resolved and the objections are rejected, these changes are considered violations of the NLRA.