11/15/2022

NLRB Proposal Seeks to Make Removing Unions More Difficult

The decertification process may become harder to implement

The current administration's National Labor Relations Board (NLRB) has been very busy trying to undue the work of the Trump board ever since Jennifer Abruzzo took over as NLRB general counsel.

In the latest maneuver, on Nov. 3, the board issued a proposed rule, signaling a departure from a 2020 rule issued by the Trump-era board. If adopted, the rule would (1) allow unions to strategically use blocking charge rules to delay representation and decertification elections; (2) revert to use of the "voluntary-recognition bar" doctrine; and (3) alter majority support requirements for unions representing employees in the construction industry.

Blocking Charges

The proposed rule would make it more difficult for employees that are dissatisfied with their unions to use the decertification process to vote the union out. Historically, the Board had a “blocking” charge rule which permitted parties (typically, unions) to file unfair labor practice charges alleging that the employer illegally interfered with the decertification process, to automatically block/stop/suspend representation and decertification elections pending the outcome of the agency’s investigation.

Please select this link to read the complete blog post from JD Supra.