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Linden Lumber

Linden Lumber

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Linden Lumber

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  1. Linden Lumber • Does Sec. 9(c)(1)(B) of the NLRA obligate an employer who has committed no unfair labor practices to petition for a representation election if the employer, claiming a good faith doubt, refuses to recognize the Union based on a demand for recognition by the Union backed by a claimed majority of authorization cards in an appropriate bargaining unit? • Does a card-based recognition demand by a union generate a choice on the part of the employer who has not committed a ULP to recognize the union to petition for an election? • Does the Union always have the obligation to petition for an election?

  2. Opinion • No obligation on an employer who has not committed ULP’s and who is confronted by a union with a card-based recognition request to petition for an election if recognition is refused • 9(c)(1)(B) for purpose of permitting an employer to petition for an election when confronted with claims by two unions • Does not place an obligation on er to petition for an election; er has right but no requirement • Avoidance of litigation based on whether the doubt is really good faith • Simplicity of requiring union petition (Board decision) • Board decision not arbitrary or capricious

  3. Dissent • Sec. 9(a) means not necessary for Union to be certified to create a bargaining obligation • If er claims a good faith doubt based on card majority, no reason why it can’t test that doubt via an election • Union has met its obligation of obtaining a(n apparent) card majority • Er has obligation to disprove majority status of recognize union based on card majority