loader
Page is loading...
generic_insight_detail

Employers’ Role In Decertification Efforts Continue To Receive Intense Scrutiny


Decertification petitions are a mechanism under which employees can vote to get rid of their union in the workplace. Employers’ efforts during employees’ decertification efforts, however, always receive much scrutiny from the National Labor Relations Board (NLRB).   The NLRB generally only permits “ministerial aid” by an employer prior to the filing of a petition (e.g., an employer may be able to answer technical questions about the timing for filing such a petition in direct response to such inquiries from an employee). Anything beyond minimal aid generally will invalidate a decertification petition.   On August 5, 2016, the U.S. Court of Appeals for the D.C. Circuit affirmed an NLRB decision in Alamo Rent-A-Car v. NLRB that voided a decertification petition in the latest example of an employer over-stepping the tight limits imposed by the NLRB. In that case, employees were circulating a decertification petition. A pair of supervisors asked the employees how many signatures they had obtained on the petition. When the employees informed the supervisors of the number, the supervisors instructed them to go get more signatures before filing the petition with the NLRB. The NLRB found, and the DC Circuit agreed, that the supervisors’ directive to the employees to go out and secure additional signatures rose above permitted “ministerial aid” and crossed into unlawful promotion of the decertification effort.  Thus, the supervisors’ actions nullified the decertification petition.   Accordingly, this case serves as an important reminder that there are very strict rules on employer communications during a decertification effort, and all managers and supervisors within an organization should be fully trained on permissible communications to the extent the employer is aware that such a drive is underway.   A copy of the court’s decision can be found here .


LEAVE YOUR COMMENT

RELATED ARTICLES

Are Uber Drivers Employees?

May 15, 2019 | Labor Relations, national-labor-relations-board

Union Folds In Class Action Lawsuit Over Forced Union Dues

May 8, 2019 | Labor Relations, unions-and-union-membership

What The Heck Are Employee Weingarten Rights And Are There Limits?

May 1, 2019 | Labor Relations, unions-and-union-membership

Does The National Labor Relations Act Apply To Teachers At Charter Schools?

February 5, 2019 | Labor Relations, national-labor-relations-board, unions-and-union-membership

NLRB Again Extends Comment Period For Impending Joint-Employer Rule

December 17, 2018 | Labor Relations, national-labor-relations-board

Subscribe

Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.

View Subscription Center
Trending Connect
We use cookies on this site to enhance your user experience. By clicking any link on this page you are giving your consent for us to use cookies.