Withdrawal of Employer Recognition Revisited
The lesson to be learned from the recent decision by the United States Court of Appeals for the District of Columbia Circuit in Scomas of Sausolito, LLC v. NLRB is that in almost all cases, an employer who believes, but not to a certainty, that a union has lost its majority status will better serve its ends by filing an election petition rather than withdrawing recognition.
Pete Lareau is the author of "NLRA: Law and Practice" and numerous other books and articles in the field of labor and employment law and is the Editor-in-Chief of Bender's Labor & Employment Bulletin.
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