NLRB Parsing Words to Penalize Employer that Unlawfully Withdrew Recognition of a Union

Withdrawing recognition is one way to get rid of a union, but it is a complex legal maneuver best left to the professionals (me). The employer here seemed to have properly withdrawn recognition from the union by, among other things, having employees express a current intent to terminate their membership within the union. However, the Board ruled that the desire to terminate union membership does not support a withdrawal of recognition because a termination of membership means only that an employee does not wish to pay union dues, not that the employee no longer wants to be represented by the union. Punishment for this mistake: a bargaining order forcing the company to sign a new contract with the same union that most of the employees did not want representing them.

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