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Over the past year, the viability of the “Contract Bar” rule has been far from certain. After considering whether to (1) rescind the doctrine, (2) retain it in its current form, or (3) modify it, the National Labor Relations Board (the “Board”) unexpectedly decided to retain the Contract Bar rule in its current form.
The Contract Bar rule prohibits union decertification or any other petition challenging a union’s representative status while a Collective Bargaining Agreement (“CBA”) is in effect. This bar, however, is limited to three years in duration. The rule usually has the effect of limiting the filing of decertification and other petitions to a narrow window of time towards the end of the CBA’s duration. While the Board previously indicated its willingness to reconsider the Contract Bar rule, in
Mountaire Farms: Labor board sides with union, vote remove invalid
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Jab on the job growing common | Business | The Journal Gazette
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