NLRB Protects Scabby the Rat Instead of Neutral Parties | Morgan Lewis jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
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Over the past year, the viability of the “Contract Bar” rule has been far from certain. After considering whether to (1) rescind the doctrine, (2) retain it in its current form, or (3) modify it, the National Labor Relations Board (the “Board”) unexpectedly decided to retain the Contract Bar rule in its current form.
The Contract Bar rule prohibits union decertification or any other petition challenging a union’s representative status while a Collective Bargaining Agreement (“CBA”) is in effect. This bar, however, is limited to three years in duration. The rule usually has the effect of limiting the filing of decertification and other petitions to a narrow window of time towards the end of the CBA’s duration. While the Board previously indicated its willingness to reconsider the Contract Bar rule, in
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On April 21, 2021, the National Labor Relations Board (the “Board”) declined to eliminate or modify its long-standing contract-bar doctrine, which purports to provide stability in the relationship among the employer, a collective bargaining representative, and its employee-members. The Board previously invited comment on the continued application of the contract-bar doctrine in July 2020.
The contract-bar doctrine prohibits all petitions that could oust an existing union, by employees who are covered by a valid collective-bargaining agreement for three years or the duration of the agreement – whichever is shorter. The doctrine permits an election petition to be filed by representative employees only during a 30-day “window period,” which is typically between the last 60 and 90 days prior to the expiration of the collective bargaining agreement; after the contract expires; or after the third anniversary of an
NLRB Upholds Contract-Bar Doctrine in Current Form Friday, April 23, 2021
On April 21, 2021, the National Labor Relations Board (the “Board”) declined to eliminate or modify its long-standing contract-bar doctrine, which purports to provide stability in the relationship among the employer, a collective bargaining representative, and its employee-members. The Board previously invited comment on the continued application of the contract-bar doctrine in July 2020.
The contract-bar doctrine prohibits all petitions that could oust an existing union, by employees who are covered by a valid collective-bargaining agreement for three years or the duration of the agreement – whichever is shorter. The doctrine permits an election petition to be filed by representative employees only during a 30-day “window period,” which is typically between the last 60 and 90 days prior to the expiration of the collective bargaining agreement; after the contract expires; or after the
Why Employers Need to Pay Special Attention to the Protect the Right to Organize Act of 2021 | Hinshaw & Culbertson - Employment Law Observer jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.