1. 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

2. 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 , D.C. Cir., 4/12/02 )

3. 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