NLRB Makes it Tougher to Dismiss Decert Petitions

June 13, 2007 by Beeson Tayer & Bodine

The NLRB has issued a decision making it harder for unions to use unfair labor practice charges to dismiss decertification petitions.

In Truserv, 349 NLRB No. 23, the Board overruled three decisions issued between 1995 and 2000 to hold that an employer’s settlement of a badfaith- bargaining charge with a non-admission clause, where the employer’s bad faith bargaining occurred prior to the filing of a decertification petition, does NOT cause the dismissal of the decertification petition. The holding does not apply to decertification petitions filed after the settlement of a bad-faithbargaining charge, but it does apply to all settlements, including unilateral Board settlements, reached after the decertification petition has been filed.

This decision means that unions should not settle a Section 8(a)(5) charges that blocks a decertification petition unless the petition is withdrawn as part of the settlement, or the Region dismisses the petition prior to the settlement.

The material on this website is provided by Beeson, Tayer & Bodine for informational purposes only and does not constitute legal advice. Readers should consult with their own legal counsel before acting on any of the information presented. Some of the articles are updated periodically, and are marked with the date of the last update. Again, readers should consult with their own legal counsel for the most current information and to obtain professional advice before acting on any of the information presented.