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NLRB Irregularity Overturns Union Certification

May 18, 2021

Via: SHRM

The U.S. Court of Appeals for the District of Columbia Circuit declined to enforce a National Labor Relations Board (NLRB) decision that an employer refused to bargain with a union. The NLRB was at fault in preventing at least one bargaining unit employee from possibly casting a vote in a representation election that the union won by only one vote.

The union filed a petition with the NLRB to represent all the company’s broadcast technicians who were located all over the country. The parties entered into an agreement stating that the election would be conducted by mail by the NLRB’s regional office in Newark, N.J.

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