Labor Board Announces New Procedure For Voluntary Recognition Cases/Williams Kastner Labor & Employment Advisor

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In another recent decision angering unions, the National Labor Relations Board

announced that it will implement a new procedure giving employees notice of their right to set

aside their employer’s voluntary recognition of a union. The need for such a procedure was

created by the National Labor Relations Board’s 2007 decision of Dana Corporation. This

decision modified the current rule blocking employee decertification petitions for a reasonable

period of time following an employer’s voluntary recognition of a union. Since voluntary

recognitions are occurring more frequently as a result of so-called “neutrality agreements” which

typically include card-check provisions, the decision and the resulting procedure are very

important. This article details what has occurred and what will occur under the procedure.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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