Electromation: Cabot Carbon Revisited, or a New Era in Interpreting Employee Rights to Participate in Employer-Sponsored Organizations

Mark D. Karper

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DOI: 10.2190/UYDQ-NRXT-WJ20-67JP

Abstract

This article explores the legal question of whether the NLRB's recent Electromation decision changes the legal doctrine of the Supreme Court's Cabot Carbon decision. At issue is whether employer-initiated employee participation plans can be considered illegally dominated labor organizations in violation of 8a2. The article concludes that these plans probably continue to be potentially illegal under the broad definition of labor organizations set up in Cabot Carbon, although formal NLRB complaints about such plans continue to be rare. The article also examines ways in which employer initiated participation plans can be set up to avoid potential NLRB complaints in light of recent litigation in this area.

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