Bloomberg Law
Oct. 10, 2018, 4:15 PMUpdated: Oct. 10, 2018, 6:13 PM

NLRB Members Could Rethink Limits on Challenges to Union Status (1)

Robert Iafolla
Robert Iafolla

Two Trump administration appointees on the National Labor Relations Board said they’re open to reconsidering long-standing precedent limiting when workers can try to vote out a union.

The NLRB’s 1951 decision in Poole Foundry & Machine Co. says that when an employer and a union reach a settlement agreement that provides for bargaining on a labor contract, that union’s status as exclusive bargaining agent can’t be challenged until a reasonable amount of time has elapsed. The board uses a multifactor test to determine whether a reasonable time has passed.

Republican NLRB Members William Emanuel and Marvin Kaplan said in an ...