“multifactor analysis,” which considers “ whether the parties are bargaining for an initial contract; mickey mouse crocs the complexity of the issues being negotiated and of the parties’ bargaining processes;
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then the certification or contract bar may apply. An agency shall accord exclusive recognition to a labor organization if the organization has been selected as the representative, mickey mouse crocs in a secret ballot election, by a majority of the employees in an appropriate unit who cast valid ballots in the election. If no new petition is filed during the open-season period, then the last sixty days of the contract provide a period during which the parties can negotiate a new agreement insulated from any outside challenges If a petition is filed during this insulated period, it will be dismissed as untimely. In the event that the employer and incumbent union fail to reach a new agreement and the old agreement expires, then petitions may be filed anytime after the expiration of the existing agreement.
The majority also mischaracterizes statutory and judicial support for imposition of an election bar following voluntary recognition. The Act itself does not impose such a bar in the wake of voluntary recognition. It imposes an election bar only after there has been a valid Board election. In the same manner, the Act provides that certification of a union’s representative status must be based on Board election results. In other words, in the Taft-Hartley Act, Congress, undisputedly cognizant of the practice of voluntary recognition that the majority portrays as “fully woven into the very fabric of the Act” since its inception, chose not to give voluntary recognition either election bar quality or the special protections of 9 certification status. 34 Under Lee Lumber, supra, the determination of whether a reasonable period of bargaining has elapsed after 6 months depends on a