Under our new standard, an employer can defeat a postwithdrawal librarian and she lived happily ever after retro poster refusal to bargain allegation if it shows, as a defense, the union’s actual loss of majority status.
librarian and she lived happily ever after retro poster
and thus, has an interest in filing blocking charges. RM petitions are subject to the “blocking charge” principle. Faced with an RM petition, unions can file charges to forestall or delay the election. librarian and she lived happily ever after retro poster Concededly, in some situations, the Regional Director can dismiss the charges or can decide that the charges, even if meritorious, would not preclude a valid election. However, that determination requires investigatory time. During that time, the employer must continue recognition of the incumbent Union. My colleagues say that there is a way out of the dilemma, viz the employer can file an RM [Board-conducted election] petition and obtain a Board election. And, in this regard, they say that they would permit the processing of an RM petition if there is uncertainty as to the Union’s majority status.
I agree with this RM standard.5 However, I do not agree that the RM petition offers a solution to the problem discussed above. That is, it does not obviate the necessity for the extant rule which grants employers the option of withdrawal of recognition on a showing of uncertainty as to the union’s majority status. My reasons are set forth below. After careful consideration, we have concluded that there are compelling legal and policy reasons why employers should not be allowed to withdraw recognition merely because they harbor uncertainty or even disbelief concerning unions’ majority status. We therefore hold that an employer may unilaterally withdraw recognition from an incumbent union only where the union has actually lost the support of the majority of the bargaining unit employees, and we overrule Celanese and its progeny insofar as they permit withdrawal on the basis of good-faith doubt.
18×12, 24×16, 36×24, 48×32