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An Administrative Law Judge’s (ALJ) findings that an employer engaged in bad faith bargaining and unlawfully withdrew recognition from the union has been overruled 2-1 by a panel of the National Labor Relations Board (NLRB).
District Hospital Partners, L.P. d/b/a The George Washington University Hosp., 370 NLRB No. 118 (Apr. 30, 2021). While the Board’s interpretation will be welcomed by employers, there is a question as to how long it may last.
The union and the employer had a decades-long collective bargaining relationship. After meeting 30 times over two years without reaching a new agreement, the employer received a petition signed by a majority of unit employees stating their desire to end representation by the union. The employer ceased bargaining and withdrew recognition from the union.