Daily Labor Report® is the objective resource the nation’s foremost labor and employment professionals read and rely on, providing reliable, analytical coverage of top labor and employment...
May 11 — National Labor Relations Board General Counsel Richard F. Griffin has instructed regional offices to argue in unfair labor practices cases that the board should adopt a rule that significantly limits the right of an employer to withdraw recognition from a union that represents its employees.
In a May 9 memorandum to regional directors and field office heads, Griffin said current board law permits an employer to withdraw recognition from a union based on objective evidence the union has actually lost majority support of employees in a bargaining unit. That approach has “proven problematic,” Griffin said.
The general counsel wrote in Memorandum GC 16-03 that NLRB offices should urge the board to rule that “absent an agreement between the parties, an employer may lawfully withdraw recognition from a Section 9(a) representative based on the results of an [NLRB]… election.”
Griffin said that in Levitz Furniture Co. of the Pacific, 333 N.L.R.B. 717, 166 LRRM 1329 (2001), the board rejected the general counsel's argument that employers shouldn't be permitted to withdraw recognition from unions that represent employees under Section 9(a) of the National Labor Relations Act absent election results showing employees had opted to reject union representation.
The Levitz board adopted a framework for analyzing employer withdrawals, but “the Board noted that it would revisit this framework if experience showed that it did not effectuate the purposes of the Act,” Griffin said.
In fact, the Levitz standard has created “peril” for employers and delays in employee efforts to act on their choices as to union representation, he said.
Griffin said changing the board's approach “will benefit employers, employees, and unions alike by fairly and efficiently determining whether a majority representative has lost majority support.”
The proposed rule “is even more appropriate now because the Board's revised representation case rules have streamlined the election process,” the general counsel said.
If a regional office decides to issue an unfair labor practice complaint alleging an employer has violated Section 8(a)(5) of the NLRA by withdrawing recognition under current board law principles, it should add an alternative allegation that the employer violated the act by unilaterally withdrawing recognition absent the results of an NLRB election, he said.
To contact the reporter on this story: Lawrence E. Dubé in Washington at email@example.com
To contact the editor responsible for this story: Susan J. McGolrick at firstname.lastname@example.org
Text of Memorandum GC 16-03 is available at http://src.bna.com/eUa.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)