NLRA and Union Recognition: Employer's Obligation to Petition for an Election, Slides of Labour Law

Download NLRA and Union Recognition: Employer's Obligation to Petition for an Election and more Slides Labour Law in PDF only on Docsity! Linden Lumber • Does Sec. 9(c)(1)(B) of the NLRA obligate an employer who has committed no unfair labor practices to petition for a representation election if the employer, claiming a good faith doubt, refuses to recognize the Union based on a demand for recognition by the Union backed by a claimed majority of authorization cards in an appropriate bargaining unit? • Does a card-based recognition demand by a union generate a choice on the part of the employer who has not committed a ULP to recognize the union to petition for an election? • Does the Union always have the obligation to petition for an election? Docsity.com Opinion • No obligation on an employer who has not committed ULP’s and who is confronted by a union with a card-based recognition request to petition for an election if recognition is refused – 9(c)(1)(B) for purpose of permitting an employer to petition for an election when confronted with claims by two unions – Does not place an obligation on er to petition for an election; er has right but no requirement – Avoidance of litigation based on whether the doubt is really good faith – Simplicity of requiring union petition (Board decision) – Board decision not arbitrary or capricious Docsity.com