Decertification Petition Was Improperly Dismissed, NLRB Rules

Recently, we explored how the NLRB's rules for determining the timeliness of a representation can be confusing. Another area of complexity comes from whether a decertification petition will be processed in the face of unfair labor practice charges filed by the incumbent union. This implicates the Board's "blocking policy," which is a set of guidelines designed to address circumstances where allegations of unlawful acts by the employer have been made during the pendency of a representation petition. Under the NLRB's rules, the Regional Director possesses a tremendous amount of discretion to determine whether a petition will proceed in the face of unproven allegations. It is not uncommon to see decertification petitions,- actions brought by an employee or employees seeking to end union representation,– blocked for years with little or no explanation due to the mere presence of unfair labor practice allegations.