Blocking Charges 2.0

Abstract

For decades, the NLRB's blocking charge policy was viewed by unions as a magical pause button on events that might lead to a majority of “no” voters in a decertification election. Unions that saw their support among workers decline leading up to election day could file an unfair labor practice charge with the NLRB that, many times, would “block” the processing of the petition until the charge was fully investigated and ultimately resolved. The delay, which often spanned months, provided unions with valuable time to shore up their support and reverse momentum that they perceived might be leading to their defeat.