In an accretion agreement, the employer agrees to add new sites and workers to a pre-existing bargaining unit and contract. This is allowed under the NLRA only where the new facility can be considered part of the old facility. In area-wide arrangements, the employer waives the right to an election and agrees to recognize the union at all present and future facilities in an area based on a showing of majority support, usually by card check. Normally units at additional facilities are in separate bargaining units and contracts. Many of the programs our employers pay for are carried out by contractors, grantees and the like.
Unions can demand that employers adopt policies giving preference to entities that are unionized.
In Boston Harbor, the U.S. Supreme Court supported the right of the public agency carrying out harbor repairs to require union contractors, because of the agency s proprietary interest in the project, i.e., it would own the harbor improvements. Even where such an interest does not exist, and where, legally, our government employers cannot dictate labor relations policies to those who receive grants and contracts from it, they can make known their preferences in the matter. If an employer pledges neutrality in organizing efforts, but then contracts out work to another employer who will fight the union tooth and nail, the neutrality clause is obviously pretty useless. If, on the other hand, the clause covers such possibilities, the employer has no easy escape from its obligations and the union has a powerful tool if work is restructured. It is also important to recognize that the battle is not over when the union is certified.