The National Labor Relations Board (NLRB) has ruled an employee’s effort to decertify his union could proceed, despite a previous agreement between the employer and union extending the time during which decertification petitions are barred. Pinnacle Foods, 368 NLRB No. 97 (Oct. 21, 2019).  

An employee filed a petition to decertify his union after

A union “interfere(d) with employee free choice” during the run-up to an NLRB election to decertify the union by seeking the discharge of the decertification Petitioner for alleged non-payment of dues and fees to the union, the National Labor Relations Board has held in an unpublished opinion. Bio-Medical Applications of New Jersey, Inc., Case

According to Bloomberg BNA’s NLRB Elections Statistics, Year-End 2012 Report, the National Labor Relations Board reported 228 decertification elections in 2012 — the lowest total in many years. (A decertification election is an NLRB-conducted election in which employees who are represented by a union vote on whether they want to continue to be represented.) Of