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  Balancing Employee Free Choice: Withdrawal of Union Recognition During the Life of the Contract.Littler Mendelson, P.C. - August 29, 2007 Recently, the National Labor Relations Board issued an opinion clarifying an employer's right to withdraw recognition from a union during the term of the parties' collective bargaining agreement. In Shaw's Supermarkets Inc., 350 NLRB No. 55 (Aug. 10, 2007), the Board held in a 2-1 panel decision (Battista and Schaumber in majority; Liebman dissenting) that a contract exceeding three years in duration does not bar an employer, armed with proof that the union has lost the support of the majority of the bargaining unit employees, from withdrawing recognition prior to the expiration of the contract. Report Link Q & A Re: Decertification (pdf).Vedder Price - April 07, 2006 Our workforce is represented by a union, but many employees are dissatisfied. One employee has asked for information about filing a decertification petition. What can we tell him and how much assistance can we provide? Report Link Employer Did Not Unlawfully Act on Decertification Petition Signed While Remedial Notice Was Posted.Jackson Lewis LLP - September 18, 2003 An employer legally withdrew recognition from a union based on a decertification petition signed by workers during the 60-day period that the employer had agreed to post a notice that it would not assist workers in decertification efforts.
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