Under a typical election scenario, a union files an election petition with the Board’s Regional Office, along with a “showing of interest” demonstrating enough employee support (at least 30% of the unit described in the petition) to justify an election. The union also serves the petition on the employer, along with a description of Board procedures, informing parties of their rights and obligations in the process, and a “statement of position” form.Continue Reading Employers Have New Obligations when the Union Demands Voluntary Recognition
Earlier this spring, in a 3-1 vote, the Board issued a notice and solicited briefs on whether to reconsider Johnnie’s Poultry doctrine (doctrine), which was established in the 1964 Board decision, Johnnie’s Poultry Co. The doctrine balances the legitimate need of the employer to question employees as part of its investigation of facts and preparation of its defense for the litigation of unfair labor charges in administrative hearings against the employees’ right to engage in protected activity or otherwise exercise their statutory rights under section 7 of the National Labor Relations Act (Act). To minimize the risk of coercive behavior levied against employees during the interviews, the doctrine establishes safeguards that limit the scope and manner of employers’ interviews with employees. Chair McFerran, the sole Democrat on the Board, opposes reconsideration of the doctrine and dissented from the notice.
Continue Reading NLRB Decision to Reconsider Johnnie’s Poultry Doctrine Remains Pending