The Legality of Employee-Participation Programs in Unionized Firms

Abstract

This paper focuses on the legal status of employee-participation programs, such as quality circles, that coexist with but are not controlled by unions — a situation occurring in U.S. industry with considerable frequency despite the objections of some union leaders. Although no cases have yet been heard on this precise question, the author relies upon an analysis of leading cases interpreting the scope of the exclusivity doctrine and the definition of labor organization, as well as the legislative histories of the National Labor Relations Act and the Labor Management Relations Act, to interpret the legal status of these programs. She concludes that if a union filed a 8(a)(5) charge against a unionized firm that is dealing with its employees in a nonunion forum, this charge would probably be upheld; moreover, as a remedy, the participation structure would probably be dissolved. She then suggests changes in public policy to protect participation programs that do not threaten the bargaining agent.

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