Linden Lumber Does Sec. 9(c)(1)(B) of the NLRA obligate an employer who has committed no unfair labor practices to petition for a representation election.

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Presentation transcript:

Linden Lumber Does Sec. 9(c)(1)(B) of the NLRA obligate an employer who has committed no unfair labor practices to petition for a representation election if the employer, claiming a good faith doubt, refuses to recognize the Union based on a demand for recognition by the Union backed by a claimed majority of authorization cards in an appropriate bargaining unit? Does a card-based recognition demand by a union generate a choice on the part of the employer who has not committed a ULP to recognize the union to petition for an election? Does the Union always have the obligation to petition for an election?

Opinion No obligation on an employer who has not committed ULP’s and who is confronted by a union with a card-based recognition request to petition for an election if recognition is refused 9(c)(1)(B) for purpose of permitting an employer to petition for an election when confronted with claims by two unions Does not place an obligation on er to petition for an election; er has right but no requirement Avoidance of litigation based on whether the doubt is really good faith Simplicity of requiring union petition (Board decision) Board decision not arbitrary or capricious

Dissent Sec. 9(a) means not necessary for Union to be certified to create a bargaining obligation If er claims a good faith doubt based on card majority, no reason why it can’t test that doubt via an election Union has met its obligation of obtaining a(n apparent) card majority Er has obligation to disprove majority status of recognize union based on card majority