The National Labor Relations Board handed unions a victory with a decision that borrows from a long-dormant legal doctrine allowing unions to represent workers without a formal vote.
The NLRB’s Democratic majority Friday created a new test that resurrected elements of the standard from the board’s 1949 ruling in Joy Silk Mills. But unlike that earlier test, the new framework doesn’t turn on proving that employers had a “good-faith doubt” that unions have majority support in order to require them to recognize and bargain with unions.
Instead, the new framework calls on employers to recognize a new union or ...