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Report Link NLRB Reminds Employers that Providing More than Ministerial Aid Can Taint a Decertification Petition.Buchanan Ingersoll & Rooney PC - February 19, 2009 In Narricot Industries, LP, 363 N.L.R.B. No. 82 (2009), the National Labor Relations Board (NLRB) reminded employers of the limited amount of "ministerial aid" they can permissibly provide to employees seeking to decertify their union representative. The NLRB held that Narricot Industries LP violated Section 8(a)(5) of the National Labor Relations Act by withdrawing recognition from Local 2316 of the Carpenters and Joiners of America because Narricot had based its repudiation of the union on a decertification petition that was prepared and distributed with the assistance of Narricot management. Report Link Fourth Circuit Rules That NLRB Must Play Fair in a Decertification Proceeding.Buchanan Ingersoll & Rooney PC - August 04, 2008 Decertifying a union can be long and difficult, as illustrated by the Fourth Circuit's recent decision in NLRB v. B.A. Mullican Lumber & Mfg. Co., No. 07-2028 (4th Cir. Jul. 25, 2008). However, in Mullican, the Fourth Circuit struck a modest blow in favor of employee free choice by ruling that the employer correctly withdrew recognition from the union based on "substantial objective evidence" that the union had lost majority support, and that the NLRB has a duty to act in good faith to promote the will of the employees in such proceedings. Report Link 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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