Followers of the National Labor Relations Board who have been waiting for the other shoe to drop on the Dana Corp. decision, need wait no more. The National Labor Relations Board recently handed down a controversial 3 to 1 decision that an employee-filed decertification petition may be barred for a reasonable period of time after the employer has voluntarily recognized a union based upon a card check. The Board therefore overturned the
Bush Board’s controversial decision of Dana Corp. In that decision, the Board held there was no so-called “recognition bar” on a decertification petition based upon the untrustworthiness of a union-sponsored authorization card check versus a Board-sponsored secret ballot election. The Dana Corp. Board determined that an employer recognition based upon a card check should not trump a timely decertification petition filed by employees who disagreed with the employer’s decision to voluntarily recognize a union.
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