NLRB rejects employer contention of no union support — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

NLRB rejects employer contention of no union support

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Anderson Lumber Co. in Sacramento has lost its bid to decertify Local 150 of the International Brotherhood of Teamsters as its employees’ bargaining unit. The controversy arose in 2012 when the two sides were negotiating a successor agreement. The Teamsters have represented Anderson Lumber employees for 50 years.

Relying on statements from eight of the 15 employees in the bargaining unit, the company claimed the Teamsters had lost worker support. Therefore, it said the union was not the appropriate bargaining partner, leaving the workers unrepresented.

The National Labor Relations Board disagreed. It noted that some employees expressed dissatisfaction with the Teamsters, but not with union representation entirely. It also noted that the employer could have petitioned for an election, a move available to employers if they have “a reasonable belief supported by objective considerations that the currently recognized union has lost its majority status.”

Note: Employers that believe the union does not have majority support may call for an election, but simply refusing to negotiate is not an option.

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