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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