In a 3-1 decision, the National Labor Relations Board (Board) in Johnson Controls, Inc., 368 NLRB No. 20 (July 3, 2019), adopted a new standard that applies to an employer’s anticipatory withdrawal of union recognition, and set forth a new framework for determining whether a union has reacquired majority status. The Board’s new model settles majority status disputes through a secret-ballot election when the employer and the union both have evidence supporting their positions.
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