Current accretion analysis utilizes a variety of factors to determine whether to merge a non-unionized group of employees with a unionized group of employees within the same firm. The present construction of the analysis; however, ignores employee views and potential manipulation of the doctrine. By failing to account for these two important factors, current accretion analysis neglects two key concerns of the National Labor Relations Act - preventing employer discrimination and fostering uncoerced employee action and choice. This Note advocates a better approach, which gives proper weight to employee views and considers employer motive to control against the possibility of employers manipulating their workforces to avoid labor obligations.
Matthew S. Miner,
Reforming Accretion Analysis Under the NLRA: Supplementing a Borrowed Analysis with Meaningful Policy Considerations,
U. Mich. J. L. Reform
Available at: https://repository.law.umich.edu/mjlr/vol31/iss2/5