Workers ask NLRB to reinstate Joy Silk doctrine to recognize unions faster

Iron Workers International District Representative Vince DiDonato joined the America’s Work Force Union Podcast and discussed efforts by workers at G&D Integrated Manufacturing in Morton, Ill. to appeal to the National Labor Relations Board to reinstate the Joy Silk doctrine in order to force management to begin contract negotiations.

By a 16 to 4 count, the workers successfully voted to unionize and the NLRB certified the election on Oct. 21. However, in January, management announced it lost its largest customer, Komatsu, and would shut down the plant. The majority of the bargaining unit was terminated, with only three workers remaining, which placed negotiations in a bind, DiDonato said.

Stemming from a 1949 NLRB decision, the Joy Silk doctrine states when a majority of workers express their intent to join a union and employers used unfair labor practices to block those efforts, the company would be ordered to recognize the union and enter into contract negotiations. The doctrine was watered down in a 1969 Supreme Court ruling. Last year however, NLRB General Counsel Jennifer Abruzzo indicated an interest in renewing the doctrine.

On behalf of the G&D Integrated workers, the Iron Workers Union appealed to the NLRB to reinstate the Joy Silk doctrine. DiDonato said their particular case is strong, as 80 to 90 percent of the workers supported the formation of a union. He understands a number of unions have appealed and does not care what case pushes the NLRB to reinstate Joy Silk, but he hopes it happens because it would be good for workers everywhere.

DiDonato explained a reinstatement of the Joy Silk doctrine would lighten the workload of an already overburdened NLRB and avoid costly union elections when workers already show overwhelming union support.

Listen to the entire episode to learn more about these topics.