Limits on Giving Unions the Heave-Ho Face Legal Challenge
The National Right to Work Legal Defense Foundation has sued the NLRB challenging the so-called "settlement bar" restricting workers' ability to decertify their union. Under the rule, the NLRB is still obligated to process a petition decertifying a union on behalf of employees, even if a settlement agreement has been reached with the employer. The rule, in place since 1951, is meant to stabilize relations between workers and management, according to labor experts. Conservative groups such as the National Right to Work Foundation, however, charge the "settlement bar" precedent goes against the intentions of the National Labor Relations Act, which they state only applies to unions that have the support of the majority of workers. The NLRB itself has not commented on the lawsuit.
See "Limits on Giving Unions the Heave-Ho Face Legal Challenge", Robert Iafolla, Bloomberg Law, November 29, 2018