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NLRB Streamlines Process for Employers to Withdraw Union Recognition


The National Labor Relations Board (NLRB) has relaxed its test for determining the legality of an employer’s anticipatory withdrawal of union recognition prior to the expiration of the collective bargaining agreement (CBA). In a contributed article for Workforce Magazine, Todd Fredrickson and Micah Dawson discuss a recent NLRB decision – Johnson Controls Inc. – that upheld an employer’s right to suspend bargaining and serve notice within 90 days prior to CBA expiration of its desire to withdraw recognition. Fredrickson and Dawson also outline how the Johnson Controls decision will impact employers, stating, “Unilateral changes in wages or working conditions implemented during the intervening period between CBA expiration and an ensuing representation election conducted under the Johnson Controls standard could still subject you to additional unfair labor practice exposure.”

To read the full article, visit Workforce Magazine.

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