Thursday, April 22, 2021
There are many nuanced and, at times, frustrating areas of labor law. One such area is the contract bar doctrine, which can complicate, among other things, employee decertification efforts. Last year, the National Labor Relations Board (NLRB) announced it was considering rescinding in full or modifying that doctrine. This week, however, the NLRB issued a decision that leaves the doctrine intact.
According to an April 21 press release from the NLRB:
“In a decision issued today … the National Labor Relations Board decided to retain its longstanding contract-bar doctrine. Under that doctrine, the Board ordinarily will not process any representation or decertification petition that is filed during the first 3 years of a valid collective-bargaining agreement, save for petitions filed during a specified ‘window period’ before the expiration date of the agreement. Previously, on July 7, 2020, the Board issued a Notice and Invitation to File Briefs, inviting the parties and interested amici curiae to file briefs addressing whether the Board should (1) rescind the contract-bar doctrine, (2) retain it as it currently exists, or (3) retain the doctrine with modifications. In addition to not rescinding the contract-bar doctrine, a majority of the Board decided not to modify the doctrine at this time. Member Emanuel dissented from this portion of the Board’s holding.”