Posts tagged contract bar
Hammond poultry facility employee asks board to allow workers to vote union officials out of workplace
August 2, 2025 // Hally's request says that he submitted a petition early this month with signatures from more than 50% of his 550-person unit demanding a vote to oust the union. Normally, NLRB policy only requires 30%. “Region 15 dismissed Hally’s petition consistent with the Board’s contract-bar doctrine,” the Request for Review says. “This bar contradicts the Act’s well-established ‘bedrock principles of employee free choice and majority rule’…because it grants monopoly bargaining status…even in the face of objective evidence proving the union has lost majority support."
Louisiana Poultry Employee Challenges Federal Labor Policy Preventing Coworkers From Voting Out UFCW Union
July 24, 2025 // Worker submitted petition in which over half of his colleagues demanded vote to remove union, but so-called ‘contract bar’ kept union in power
OPINION Why don’t unions have to stand for reelection?
September 16, 2024 // The federal Bureau of Labor Statistics reports that 7.4 million workers in the private sector belonged to labor unions in 2023. Yet according to a new study from the Institute for the American Worker, which promotes market-oriented labor reform, fewer than 400,000 of those unionized employees — about 5 percent — have ever voted in an election for the union that represents them. Like me, the vast majority of employees in unionized workplaces were hired after the union had already been voted in. Most unions have never been required to confirm that they have the support of current workers by winning a recertification election. In some workplaces, a lifetime has elapsed — that isn’t hyperbole — since the union was first certified. The United Auto Workers organized General Motors’ Michigan plants in 1937 and has represented the employees who work there ever since. Never once has it had to stand for reelection. What kind of “workplace democracy” is that?
Is It Really About Employee Voices? The National Labor Relations Board Continues its Union-Friendly Trend
August 7, 2024 // The new regulations also contain a revision that will affect construction companies. Under the NLRA, an employer cannot recognize and bargain with a union lest the union has demonstrated that it represents a majority of the employees (through cards or an election, as noted above). Section 8(f) of the NLRA provides a limited exception to this rule, and it applies solely to the construction industry. Under Section 8(f), a construction industry employer can enter into a "pre-hire" agreement with a union and negotiate employment terms regardless of whether the employees support the union. Prior to 2020, the Board allowed an employer and union to convert an "8(f) agreement" into a normal collective bargaining agreement simply by stating that the union had demonstrated majority support to the employer. That language was sufficient to block a decertification petition or petition from a rival union during the so-called "contract bar" period (the term of the labor agreement, up to three years). No evidence would be examined to attack the contract language – this provision was enough.
National Right to Work Foundation Slams Biden-Harris NLRB Rule Overturning Protections on Workers’ Right to Vote in Secret on Unions
July 31, 2024 // New rule will let union officials bypass secret ballot union vote process entirely or delay decertification votes by months or years
Security Guards at Federal Buildings Across Delaware Voting Soon on Whether to End SPFPA Union’s Forced-Dues Power
June 27, 2024 // SPFPA union officials drew the ire of Bowden and his colleagues by signing a contract with GXC Inc. management without the workers’ knowledge or consent. While voting the union out of the workplace would be their next logical step, the NLRB’s so-called “contract bar” allows union officials to immunize themselves from worker-backed decertification attempts for up to three years after a union contract has been finalized. The “contract bar” appears nowhere in the text of the National Labor Relations Act (NLRA), the federal law the NLRB is charged with enforcing, but is the product of union boss-friendly decisions made by partisan NLRB members over the years.
Workers at Americold Logistics Win Campaign to Remove Teamsters Union from Workplace
June 10, 2024 // Garcia filed the petition on May 16 with the NLRB, the federal agency responsible for enforcing federal labor law, which includes administering elections to install (or “certify”) and remove (or “decertify”) unions. Garcia’s petition contained support from a majority of employees, which is more than is required to trigger a decertification vote under NLRB rules. When it became clear that the election would be scheduled, Teamsters Local 695 disclaimed recognition on May 23, 2024, stating in an email to the employer that the union “unequivocally disclaims its interest in representing and collectively bargaining for the unit at Americold in Darien, Wisconsin…that this will end processing of the Petition.” On May 24, NLRB Region 18 acknowledged the union disclaiming recognition, meaning no election would be needed since the workers’ desired result – the removal of the union – had already been accomplished.
Palo Alto Medical Foundation Nurses Vote Union Out at Sunnyvale and Mountain View Facilities
March 14, 2024 // Victory continues string of successful union decertification attempts by healthcare workers across the country Palo Alto Medical Foundation Nurses Vote Union Out at Sunnyvale and Mountain View Facilities
Majority of Austin, MN, Mayo Clinic Medical Assistants, Care Specialists Request Vote to Remove Steelworkers Union
December 12, 2023 // A patient care specialist at the Mayo Clinic location in Austin, MN, has just submitted to the National Labor Relations Board (NLRB) a petition backed by her colleagues seeking a vote to remove United Steelworkers (USW) Local 11-005 union officials from power at their facility. The patient care specialist, Erin Krulish, filed the petition with free legal aid from the National Right to Work Legal Defense Foundation.
How Unions Take Workers’ Voice and Never Give It Back
September 5, 2023 // Unfortunately, many states’ labor laws are tilted in union officials’ favor. Some unions, when faced with a decertification petition, scramble to agree to a contract — even one that favors management — to take advantage of something called a “contract bar,” which prevents a decertification election while a contract is in place. It has happened to my clients. In most states, unions never have to stand for reelection. Joan’s union, which won its certification in 1975, hasn’t had to prove that it enjoys majority support in nearly 50 years. The only way to remove it is to decertify it, and as Elizabeth and Joan would tell you, that means counter-organizing on your own time against full-time union organizers who have lots of money and lawyers on call. Few states have enacted “recertification” requirements that would impose democracy on supposedly representative unions, requiring them to periodically run for reelection.