In Community Options NY, Inc., 359 NLRB
No. 165 (2013), the Board condoned the bribing of employees to vote
against decertification by waiving union dues. Strong words, but no
other conclusion can be reached after reviewing the Board's
decision.
The facts are straightforward. The union was certified in
November 2009. The parties bargained and reached a tentative
agreement on the terms of the initial contract. The tentative
agreement included a union security clause requiring employees to
begin paying union dues 30 days following ratification of the
agreement. The ratification vote was scheduled for October 20,
2011, but before it could be held, a decertification petition was
filed and the decertification vote was scheduled for November 10,
2011. At the October 20 ratification meeting, employees voiced
concerns regarding the limited wage increase, so the union promised
to waive the payment of dues for six months. The contract was
ratified and the Union used the six
