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ARTICLE · 26 APRIL 2021

NLRB Keeps "Contract Bar"

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This week, in a divided ruling, the NLRB concluded that a sufficiently compelling case has not been made for any particular proposed modification.

United StatesEmployment and HR
Steven W. Suflas
Steven W. Suflas
Juliana R. Van Hoeven
Juliana R. Van Hoeven
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On April 21, 2021, the National Labor Relations Board ("Board" or "NLRB") voted to keep in place its long standing rule limiting when workers can try to remove an existing union from the workplace or bring in another – the so-called "contract bar" doctrine.

In June of last year, the Board invited public comment on the contract bar issue and received briefs from unions, employer advocates, lawmakers, and others on the subject.  This week, in a divided ruling, the NLRB concluded that "a sufficiently compelling case has not been made for any particular proposed modification."

As it continues to stand, the contract bar prohibits the processing of petitions seeking union elections while a collective bargaining agreement is in effect, for up to a maximum of three years. The rule does allow for a window during the 30- to 60-day period prior to contract expiration for the filing of a representation or decertification petition.

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