Auciello Iron Works A violation of (8)(a)(5) for an employer to assert a GFD about a union’s majority status during CBK, regardless of information in its possession Rationale Stability in labor relations (“repose”) more important than ee choice during term of CBK Board unwilling to give employer leverage of determining timing of assertion of GFD er case-by-case argument understandable, but Board’s presumptions reasonable Board suspicion of er as “champion” of ee rights to refrain from concerted activity

Auciello (cont.) Presumptions of Majority Status Absolute For 1 year after cert. During term of CBK up to 3 years Rebuttable (by er) > 1 year after cert if no agreement after expiration of CBK during a CBK three years after effective date Er may not rely on evidence obtained during the certification year to withdraw recognition after the certification year (Chelsea Industries, 331 NLRB No. 184, 2000, enf’d, No. 00-1443, D.C. Cir., 4/12/02 )

Auciello (cont.) Er GFD withdrawal options between CBK’s withdraw proposal and petition for an election refuse to bargain and defend on absence of majority status Requires good faith doubt Investigate or poll