California’s Monterey Bay Aquarium has asked the National Labor Relations Board to reverse a regional official’s decision delaying union decertification proceedings, arguing that the union’s own conduct undermined justifications for blocking the election. The case illustrates how employers can challenge union blocking tactics when seeking to end union representation. The decision may affect how regional offices handle employer efforts to remove established unions.
When employees seek to remove existing union representation through decertification, the NLRB uses “blocking” standards to prevent elections during certain periods. These standards typically prevent decertification elections for specified timeframes after union certification or during contract negotiation periods.
The Decertification Delay and NLRB Review
The Aquarium argued that union conduct (specifically, unfair practices) undermined the rationale for blocking the decertification petition.
Employers typically cannot initiate decertification (employees must request it), but employers can support employee-initiated efforts. Understanding when blocking standards apply and when they might be waived is important for employers considering union removal strategies.
Union and Employer Positions
However, employers must be careful not to appear to be manipulating the process. Heavy-handed employer involvement in decertification can itself violate labor law.
Employers should understand:
• Only employees can file decertification petitions
• Employers cannot initiate decertification efforts
• Employer support for decertification must be careful and neutral
• Heavy involvement in petitioning can itself violate labor law
• Blocking standards exist to protect union stability
• Waiving blocking standards requires compelling circumstances
• Proper documentation of employee initiatives is important
• Legal counsel should guide any decertification support strategy
Ongoing Litigation Outlook
Decertification requires careful navigation to avoid creating new legal issues.
The NLRB will consider the Aquarium’s position on whether blocking standards should apply. If the board agrees that union conduct warrants waiving blocking standards, it could create opportunities for other employers in similar circumstances. However, employers should view decertification as a complex process requiring careful legal guidance rather than a straightforward path to removing unions.
For further details, please contact the lawyers at Tobia & Lovelace Esq., LLC at 201-638-0990.