Card Check - History

History

Card check is not new. Since the National Labor Relations Act was passed, it has been legal for workers to form a union when a majority of employees in a bargaining unit sign cards indicating their intent to bargain collectively with the employer. According to a recent law review article, the National Labor Relations Board in its early days "certified on the record when there had been an agreement with the employer for card-check." It adds that "in the final year before the Taft-Hartley Act was passed, 646 representation petitions were informally resolved through the card-check procedure."

In 1969, Chief Justice Earl Warren delivered the majority opinion for the U.S. Supreme Court that upheld the use of majority sign-up (card check). Warren stated, "Almost from the inception of the Act, then, it was recognized that a union did not have to be certified as the winner of a Board election to invoke a bargaining obligation; it could establish majority status by other means... by showing convincing support, for instance, by a union-called strike or strike vote, or, as here, by possession of cards signed by a majority of the employees authorizing the union to represent them for collective bargaining purposes." NLRB v. Gissel Packing Co., (1969). The Supreme Court has consistently ruled in favor of majority sign-up (card check), and Warren cited prior affirmations in NLRB v. Bradford Dyeing Assn., (1940); Franks Bros. Co. v. NLRB, (1944); United Mine Workers v. Arkansas Flooring Co., (1956).