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Total Articles: 3

Employer's Statements About Union Taint Decertification Petition

A recent decision handed down by the Board demonstrates that employers need to be very careful in the language they use to discuss the union with employees, particularly in the context of union decertification proceedings. In Mesker Door, Inc., 357 NLRB No. 59, a unanimous Board panel reversed the Administrative Law Judge and held that the employer violated Section 8(a)(1) of the NLRA when it relied on a petition and withdrew recognition of a union following a speech given by a plant manager that, among other things, suggested that money spent on defending unfair labor practice charges could otherwise have been spent making improvements in the plant.

NLRB to Reconsider Decertification Bar Rule

Jackson Lewis has filed a “friend-of–the-court” brief on behalf of the U.S. Chamber of Commerce, urging the National Labor Relations Board to adhere to its three-year-old decision in Dana Corporation, 351 NLRB 434 (2007) (originally known as Dana/Metaldyne).

Q & A Re: Decertification (pdf).

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?
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