Monday, May 17, 2021
he National Labor Relations Board (NLRB) declined to modify its “contract bar” rule. Under NLRB procedure, once a collective bargaining agreement (CBA) is executed, the Board will not process a request for a representation election concerning the employees in that bargaining unit unless the petition is filed within a 30-day “window period” (typically, between the last 60-90 days prior to the CBA expiration), or after the contract expires, or after the third anniversary of any CBA that is longer than three years. This is referred to as the “contract bar” rule. In
Mountaire Farms, 370 NLRB No. 110 (Apr. 21, 2021), the NLRB considered whether it should rescind or modify the contract bar doctrine. After considering the parties’ briefs and briefs submitted by the public, it declined to modify the doctrine. While the NLRB expressed concern that the “window period” provided by the doctrine may not be readily ascertainable to employees, which could negate the efficacy of the window period, it stated that a sufficiently compelling case had not been made for rescinding or modifying the rule or its window period.