If the employees on the committee represent the rest of the work force, and they make proposals or what look like proposals to management, to which management responds by approving, disapproving or making counter-proposals, then the committee is dealing with the employer. Even if the committee is a labor organization, it is not illegal as long as the employer does not dominate it, interfere with it or support it. If such a committee violates the NLRA, then the NLRB would order the employer to disband it. Moreover, employers should be aware that if these committees exist during a union election campaign, the NLRB might find that their existence or continued operation during the campaign would warrant setting aside an election victory for the employer. Thus, if a labor union files a petition for an election, or if an employer suspects that a labor union is about to file such a petition, the employer should seek the advice of counsel about whether to disband these committees during the election campaign.
Organized labor is strongly opposed to the TEAM Act.
Employers who desire to use employee committees in their workplaces should therefore make their views known to their elected representatives. The member law firms of Lex Mundi maintain complete autonomy, exercise their professional services on an independent basis, and are not affiliated for the joint practice of law. The purpose of the World Reports is to provide a forum for the discussion of professional and substantive legal developments across the world. The opinions expressed in the World Reports are those of the authors. Nothing herein shall be construed to be the opinion of Lex Mundi, Ltd., its officers, directors or members.