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The National Labor Relations Act provides two methods by which a union can obtain recognition as the exclusive bargaining representative of a previously unorganized group of employees. The first, based on section 9 of the act,' is through the familiar procedures of election and certification. The second is based on section 8(a)(5), 2 which states only that "it shall be an unfair labor practice for an employer .. to refuse to bargain collectively with the representatives of his employees," but has been interpreted to mean that "an employer is under a duty to bargain as soon as the union representative presents convincing evidence of majority support."3 Such evidence of support may consist of, among other things, employee participation in a union-called strike or strike vote,4 or employees' signatures on cards authorizing the union in question to act as their exclusive bargaining representative.5 Section 8(a)(5) refusal-to-recognize charges6 are a much less frequently used method of obtaining recognition than are the election and certi-

Refusal-to-Recognize Charges under Section 8(a) (5) of the NLRA: Card Checks and Employee Free Choice