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Employers Barred From Restarting Workers’ Bids to Boot Unions

May 24, 2022, 10:08 PM

Employers can’t reboot attempts to oust unions that were started by their workers, the National Labor Relations Board ruled.

While companies have their own mechanism to challenge unions’ majority status, giving them the ability to reinstate an employee-filed petition would clash with the section of the National Labor Relations Act that created workers’ right to seek decertification elections, the NLRB said in its Tuesday decision.

“This is precisely the type of conduct Congress implicitly precluded when it established in the Act separate and distinct procedures for employees and employers to test the status of an incumbent union,” the board ...