In those cases where the union loses the election, the union can file objections and/or challenges. mickey mouse dracula crocs There is often a prolonged period for the litigation of these matters.
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the amount of time elapsed since bargaining commenced and the number of bargaining sessions; the amount of progress made in negotiations and how near the parties are to concluding an agreement; mickey mouse dracula crocs and whether the parties are at impasse.” 334 NLRB at 402. The burden is on the General Counsel to prove that a reasonable period of bargaining had not elapsed after 6 months. Id. at 405. To be sure, the Act provides that the Board can certify a representative, with the attendant legal advantages thereof (including a 12-month bar ) only after a Board-supervised election. Nevertheless, far from being the suspect and underground process the Dana majority characterized it to be, voluntary recognition has been woven into the very fabric of the
Act since its inception and has, until the decision in Dana, been understood to be a legitimate means of giving effect to the uncoerced choice of a majority of employees. Upon the filing with the Board, by 30 per centum or more of the employees in a bargaining unit covered by an agreement between their employer and a labor organization made pursuant to section 8, of a petition alleging they desire that such authority be rescinded, the Board shall take a secret ballot of the employees in such unit, and shall certify the results thereof to such labor organization and to the employer. Because there are no valid reasons for reversing the extant rule, and because the new rule is imprudent and unfair, I do not embrace the new rule. In addition, even if there is no blocking charge, or if the block is removed, the election will not necessarily resolve the question concerning representation.
