In a long awaited decision, the National Labor Relations Board has given employees who don’t want to be unionized a chance to object to unionization of their company and demand a secret ballot election even if the company has succumbed to union pressure and agreed to recognize the union based on a card check. Dana Corporation, 351 NLRB No. 28 (September 29, 2007) http://www.lawmemo.com/nlrb/vol/351/28.htm

Under the Board’s ruling, employees will have 45 days from the date of notice that their company has voluntarily recognized the union to file a de-certification petition supported by 30% or more of the bargaining unit employees. If they do so, the petition will be processed by the NLRB. If 45 days pass without the filing of a de-certification petition, however, the “window” closes and the Board will not process an election petition for a “ reasonable time” in order to permit collective bargaining between the company and the union.

This is a significant victory for employee freedom of choice. Previously, NLRB policy was that de-certification petitions were immediately barred at the point of recognition and continued to be barred for a “reasonable” amount of time. Typically the “reasonable” amount of time was one year.

With this decision, the NLRB has leveled the playing field to protect employees’ freedom of choice. Employees no longer need to be saddled with a union they did not choose. And unions are less likely to pressure employers to sell out their employees’ right to the secret ballot election by agreeing to card check recognition.