Timing Is Everything

Abstract

Decertification can seem like a mystic process to rank‐and‐file employees. Due to rules against employer assistance with decertification efforts, managers and supervisors are frequently powerless to aid workers who have a bona fide interest in asking the NLRB for an election to have a union removed as representative. Are the good faith efforts of employees to file a decertification petition to be considered when determining whether a petition is valid? The NLRB recently gave its resounding answer: No.