The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the new stimulus package recently passed by Congress, includes a “union neutrality” mandate for mid-sized employers who accept loan proceeds. This union neutrality commitment would be in place for the life of the loan. Mid-sized employers are defined as those with 500 to 10,000 employees.
For many years, to assist their organizing efforts, unions have demanded of certain multi-state employers that they commit to “stay neutral” in union organizing campaigns at other company sites. Such neutrality demands have included asking the employer not to express opinions which disfavor the union’s organizing efforts, or not to hold captive audience speeches during the union’s organizing drive, or to accept a showing of majority status by way of checking authorization cards (i.e., that the employer not demand a secret-ballot election to determine if the union has majority support).