The 4th Circuit Court of Appeals, which has jurisdiction in North Carolina, recently ruled that an employer could withdraw recognition of a union if it can present “substantial objective evidence” that most employees no longer support the union. The decision gives employers a road map for handling situations where a union has lost the backing of the employees it is supposed to represent.
A union without member support
In August 2000, the United Mine Workers (UMW) was certified as the exclusive collective-bargaining agent for employees at Mullican Lumber’s Norton, Va., plant. The UMW and Mullican began negotiating a collective-bargaining agreement, but things progressed slowly. Workers became disenchanted, and by August 2001, the union’s lead negotiator confided to Mullican’s negotiator that employees were circulating a decertification petition. The employees filed their decertification petition with the National Labor Rel...(register to read more)