Winnetka, IL (April 14, 2017) – With free legal assistance from National Right to Work Foundation staff attorneys, a Chicago area worker has asked the National Labor Relations Board (NLRB) to review a case in which she and her co-workers were denied the right to decertify a union claiming to represent them, despite the fact that every employee in the bargaining unit signed a petition to remove union representation.
The worker, Maureen Madden, is employed at Lakeside Foods. On March 2, 2017 she filed a petition to decertify the United Food and Commercial Workers Local 1456 (UFCW). Under the National Labor Relations Act (NLRA), if a decertification petition garners signatures from 30% or more of the employees in a bargaining unit, the NLRB will conduct a secret-ballot election to determine whether a majority of the employees wish to decertify the union. Every single employee in Madden’s bargaining unit signed the petition in support of removing the union.
Even though the decertification petition had one-hundred percent employee support, the NLRB regional director refused to honor it, citing the so-called “successor bar.” The “successor bar” stems from a 2011 NLRB decision that strips away the rights of employees to decertify a union if a new employer has taken over a bargaining unit.
Although a “successor bar” does not appear anywhere in the NLRA, and the Act’s stated purpose is to give employees a choice in their representative, including declining union representation, the NLRB Region used this doctrine as its justification to keep employees under union control for up to three additional years. Furthermore, because Madden and her co-workers work in Illinois, a state that does not provide Right to Work protections, the NLRB Regional Director’s decision allows UFCW to continue collecting forced fees from the employees as a condition of employment.
Madden’s petition points out that so-called “successor bars” are in conflict with decisions of the Sixth and Seventh Circuits and the Supreme Court, all of which hold that a union’s presumption of majority support can be overcome by proof that a majority of employees do not support the union, as has happened in this case.
“It is absolutely outrageous that this NLRB Regional Director dismissed a petition filed by a worker with every single one of her co-workers supporting it,” commented Mark Mix, President of the National Right to Work Foundation. “Far from being a neutral arbitrator as the NLRB claims to be, the NLRB Regional Director is actively allowing UFCW to continue to collect forced fees from workers although one-hundred percent object to the union and its so called ‘representation.’ This case highlights why Illinois workers need the protections that Right to Work provides.”