Despite Employer’s Voluntary Recognition of Union, Employees Could Petition to Decertify
Prior to 2007, once an employer voluntarily recognized a union, the union automatically became the bargaining representative for the employee. The NLRB changed this in their 2007 Dana Corp. ruling which gave employees the right to file a decertification petition or to petition for a rival union within 45 days of the voluntary recognition. Employers are required to post a notice (a “Dana notice”) for 45 days informing employees of this right.
A recent case shows what happens when the Dana notice is not properly posted. In AT&T Mobility LLC, the NLRB Regional Director ruled that 140 employees in AT&T Mobility’s Redmond, Washington location were entitled to petition for decertification even 27 days after the expiration of the 45-day period. This was because although the employer posted the notice at the beginning of the period, the notice was apparently removed after only 21 days. Because the Dana notice requirements were not met, employees who wanted to decertify the union were allowed to file a decertification petition.
Brody and Associates regularly advises its management clients on union-related matters and provides union-free training. If we can be of assistance in this area, please contact us at email@example.com or 203.965.0560.