PPLE
10-08-2007, 02:19 PM
LABOR & EMPLOYMENT LAW — 10/08/07
Divided NLRB allows 45-day window to challenge voluntary recognition
In a self-described "significant departure from pre-existing law," a divided National Labor Relations Board modified the recognition-bar doctrine to allow employees to file a decertification petition, or to support a rival union's filing of a decertification petition, for a period of 45 days following notification of card-based recognition. If a petition supported by 30 percent or more of bargaining unit employees is filed within the 45-day period, the petition will now be processed. The 3-2 decision overturns precedent applied in cases since 1966.However, the Board's ruling applies prospectively only.
Contract-bar modification. In addition, the Board announced that any collective bargaining agreement executed on or after the date of voluntary recognition will not bar a decertification or rival union petition unless notice of recognition has been given and no valid petition is filed during the 45-day period following the notice.
Official notice. The employer must post in conspicuous places an official notice supplied by the Regional Office of the Board informing employees of the recognition and their right to file a decertification petition supported by 30 percent or more of the unit employees within 45 days from the date of the notice for a secret ballot election to determine whether they wish to be represented by the union, or 30 percent or more of the unit employees can support another union’s filing of a petition to represent them.
Timing of signatures. The required showing of interest in support of the petition may include employee signatures obtained before or after recognition.
With or without neutrality agreement. The change applies regardless of whether a card-check and/or neutrality agreement preceded the union's recognition.
No change to "reasonable period" standard. If no petition is received within the 45-day period, the voluntary recognition bar will apply, which will bar the filing of election petitions for a reasonable time following voluntary recognition.
http://hr.cch.com/news/employment/100807a.asp
Divided NLRB allows 45-day window to challenge voluntary recognition
In a self-described "significant departure from pre-existing law," a divided National Labor Relations Board modified the recognition-bar doctrine to allow employees to file a decertification petition, or to support a rival union's filing of a decertification petition, for a period of 45 days following notification of card-based recognition. If a petition supported by 30 percent or more of bargaining unit employees is filed within the 45-day period, the petition will now be processed. The 3-2 decision overturns precedent applied in cases since 1966.However, the Board's ruling applies prospectively only.
Contract-bar modification. In addition, the Board announced that any collective bargaining agreement executed on or after the date of voluntary recognition will not bar a decertification or rival union petition unless notice of recognition has been given and no valid petition is filed during the 45-day period following the notice.
Official notice. The employer must post in conspicuous places an official notice supplied by the Regional Office of the Board informing employees of the recognition and their right to file a decertification petition supported by 30 percent or more of the unit employees within 45 days from the date of the notice for a secret ballot election to determine whether they wish to be represented by the union, or 30 percent or more of the unit employees can support another union’s filing of a petition to represent them.
Timing of signatures. The required showing of interest in support of the petition may include employee signatures obtained before or after recognition.
With or without neutrality agreement. The change applies regardless of whether a card-check and/or neutrality agreement preceded the union's recognition.
No change to "reasonable period" standard. If no petition is received within the 45-day period, the voluntary recognition bar will apply, which will bar the filing of election petitions for a reasonable time following voluntary recognition.
http://hr.cch.com/news/employment/100807a.asp