Withdrawal of Recognition

Unlike with decertification or deauthorization, the withdrawal of recognition is implemented by the employer instead of the employee. Withdrawal of recognition refers to an employer’s refusal to recognize a union as the bargaining representative of its employees. A withdrawal of recognition can only be done after the employer knows that the union has lost support from a majority of its bargaining unit members. Employers must have more than a good faith belief that the union has lost majority support from the employees, however.

There are several bars to withdrawing recognition of an incumbent labor union. The National Labor Relations Act and NLRB law make it very difficult for employers to withdraw recognition. Matt Austin has counseled numerous employers on whether they have the evidence needed to withdraw recognition, and he has led employers in withdrawing recognition of many labor unions. If you believe your employees no longer support their union, you should call Austin Legal to determine whether withdrawal of recognition of the union is a possibility for your company.