Board Issues Decision Announcing New Framework for Union Representation Proceedings

Under the new framework, when a union requests recognition on the basis that a majority of employees in an appropriate bargaining unit have designated the union as their representative, an employer must either recognize and bargain with the union or promptly file an RM petition seeking an election. However, if an employer who seeks an election commits any unfair labor practice that would require setting aside the election, the petition will be dismissed, and—rather than re-running the election—the Board will order the employer to recognize and bargain with the union

The critical bit is bolded for emphasis. Any attempt to delay or reset the election process will result in instant union recognition and a demand for bargaining.

This is a step in the right direction. One need not look any further than the recent union-busting efforts by Amazon in places like Alabama to know that corpos will turn every small loophole or delay tactic into an organized busting effort.