Thursday, May 12, 2016

GC 16-03 05/09/2016 12:00 AM EDT: New General Counsel Memo from the National Labor Relations Board. Seeking Board Reconsideration of the Levitz Framework.



Memo sets forth the new procedure that Regions should follow after making a determination to issue complaint alleging that an employer has violated Section 8(a)(5) by unlawfully withdrawing recognition from an incumbent union absent objective evidence that theunion actually had lost majority support.

Extant Board law permits employers to unilaterally withdraw recognition from an incumbent union based on objective evidence that the union has actually lost majority support

The option left available under the Levitz framework for employers to unilaterally withdraw recognition has proven problematic. It has created peril for employers in determining whether there has been an actual loss of majority support for the incumbent union, has resulted in years of litigation over difficult evidentiary issues, and in a number of cases has delayed employees’ ability to effectuate their choice as to representation.

Download the full memo here...


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