Free US Law Dictionary
BETA
Decertification
The National Labor Relations Board, an agency within the United States government, was created in 1935 as part of the National Labor Relations Act. Among the NLRB’s chief responsibilities is the holding of elections to permit employees to vote whether they wish to be represented by a particular labor union. Congress amended the Act in 1947 through the Taft-Hartley Act to give workers the ability to decertify an already recognized or certified union as well. This article describes, in a very summary manner, the procedures that the NLRB uses to hold such elections, as well as the circumstances in which a union may obtain the right to represent a group of employees without an election.
Unit decertification procedures
Unit decertification proceduresTown of Carmel PBA and Town of Carmel, 31 PERB 3046Sometimes established negotiating units become temporarily defunct for the purposes of collective bargaining...
Decertification of Class Not An Easy task
When a FLSA class is certified, the defendants then have the opportunity to decertify the class at a later date. The employer argues that the people who opted in to the class are dissimilar to those who started the suit and should be eliminated...
Interesting Bill on Teacher Decertification in Washington State
There is a bill in the Washington State Legislature that would make it easier for schools to decertify teachers for various crimes, mostly related to child abuse...
Sebok on Second Circuit's Decertification of "Lights" Class Action
In this week's Writ column, Tony Sebok discusses the Second Circuit's recent decision in McLaughlin v. American Tobacco, which reversed Judge Weinstein's certification of the "light cigarettes" class action...
Employer's assistance with decertification drive warranted bargaining order
Narricot Industries, LP, 353 NLRB No 82 (January 30, 2009), is an interesting case. The NLRB held that an employer that impermissibly assisted in petition efforts to decertify an incumbent union could not rely solely on the decertification petition as...
Fourth Circuit reverses NLRB on union decertification arising out of Wise County
In NLRB v. Mullican Lumber and Manufacturing, the Fourth Circuit in a published opinion by Judge Niemeyer, joined by Chief Judge Williams and District Judge Williams from Maryland, denied the NLRB's petition for enforcement and granted the company's cross-petition for review, concluding that the unfair labor practice charges against Mullican over its facility in Norton were deficient because the company had sufficient evidence that the majority of its employees there no longer wanted to be represented by the UMWA.
















