NLRB Upholds Contract-Bar Doctrine In Current Form

On April 21, 2021, the National Labor Relations Board (the "Board") declined to eliminate or modify its long-standing contract-bar doctrine, which purports to provide stability in the relationship among the employer, a collective bargaining representative, and its employee-members.  The Board previously invited comment on the continued application of the contract-bar doctrine in July 2020.

The contract-bar doctrine prohibits all petitions that could oust an existing union, by employees who are covered by a valid collective-bargaining agreement for three years or the duration of the agreement - whichever is shorter.  The doctrine permits an election petition to be filed by representative employees only during a 30-day "window period," which is typically between the last 60 and 90 days prior to the expiration of the collective bargaining agreement; after the contract expires; or after the third anniversary of any CBA that is longer than three years.  The final 60-day