Wednesday, April 21, 2021: NLRB Decides to Keep Its Existing “Contract Bar” Rule
The National Labor Relations Board (NLRB) decided to retain its longstanding contract-bar doctrine. The decision came in the case of Mountaire Farms, Inc., 370 NLRB No. 110 (2021). Applying the contract-bar doctrine to the particular facts of the case, a majority of the Board reversed the Regional Director’s finding that the contract bar could not apply in this case because the contract contained a clearly unlawful union-security clause. A Board majority instead found that the union-security clause was capable of a lawful interpretation, which is all Board precedent requires for a contract bar to be effective. Member Ring dissented from this portion of the Board’s holding.
Contract-Bar Doctrine
Under this doctrine, the Board ordinarily will not process any representation or decertification petition filed during the first three years of a valid collective-bargaining agreement. An exception exists for petitions filed during a specified “window period” immediately before the agreement’s expiration date.
In July of 2020, the Board issued a Notice and Invitation to File Briefs, inviting the parties and interested amici curiae to file briefs addressing whether the Board should:
- rescind the contract-bar doctrine,
- retain it as it currently exists, or
- retain the doctrine with modifications.
The decision was to retain the doctrine, and a majority of the Board decided not to modify the doctrine at this time. Member Emanuel dissented from this portion of the Board’s holding.
from WordPress https://ift.tt/3aHennX
via IFTTT
0 Comments