National Labor Relations Act

Recognition Bar and Neutrality/Card-Check Agreements
Dana Corporation and Clarice K. Atherholt and International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, AFL-CIO
Case 8-RD-1976

 

Metaldyne Corporation and Alan P. Krug and International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, AFL-CIO
Cases 6-RD-1518 and 6-RD-1519
National Labor Relations Board

In a sweeping change to the recognition bar doctrine, the National Labor Relations Board created a 45-day window for employees and rival unions to file a decertification petition after an employer’s voluntary recognition of a union.  For over 40 years, the Board had held that the recognition bar doctrine blocked decertification petitions for a “reasonable period of time” following an employer’s voluntary recognition of a union based on a card-check agreement. Significantly, the 45 day period will not begin to run unless and until the employer posts an official NLRB notice that informs the employees of the voluntary recognition.  In its brief, NCLC argued that an NLRB-supervised secret ballot election is the most accurate method of determining employees’ support for a union, and the recognition bar doctrine should be overturned.  

Amicus brief filed 7/15/04.  Decision 9/29/07.

 

 

 

Secret Ballot Election Preferred Method of Determining Employee Free Choice
Marriott Hartford Downtown Hotel v. UNITE HERE Local 217
No. 34-RM-88
National Labor Relations Board

The National Labor Relations Board dismissed the franchisee hotel's RM petition (an employer-filed petition which seeks a representation election conducted by the Board) where the union sought to enforce a "labor peace agreement" which included a living wage ordinance enacted by the city of Hartford.  The issue before the Board was whether an employer and its employees have a right to a secret ballot election conducted by the NLRB rather than endure union tactics intended to force agreement to a card check recognition procedure.  In its brief, NCLC argued that an election is the better way to ascertain employee free choice on whether to be represented by the union.

Amicus brief filed 7/17/07.  Decision 9/14/07.

  View brief           View Decision

 

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