Labor Law -- 2000



UFCWU v. Levitz Furniture Co.   (NLRB)

Withdrawal of recognition of union

The NAM joined the U.S. Chamber of Commerce in filing a brief 5/18/98 opposing an NLRB proposal that would require elections whenever employees want to decertify their union as their authorized collective bargaining representative. In Chelsea, the Board ruled that an employer may not rely on signatures from a majority of workers to decertify a union, if the signatures were received during the first year of the union's representation of the employees. In Levitz, the Board ruled that an employer may not withdraw recognition from a union unless the union "has actually lost the support of the majority of the bargaining unit employees." It also ruled that an employer needs uncertainty, but not disbelief, as to a union's continuing majority status in order to seek a Board-conducted election by its employees.