As the organizing movement within the Starbucks stores has begun to slow down, some of the stores who voted to organize early on within the movement have switched course and have filed decertification petitions at the one year mark. The union representing the employees has filed "blocking" charges which is preventing a decertification the vote from being held. In previous precedent, decertification elections could still move forward but the ballots would be held until after the Unfair Labor Charges have been investigated. Employees may file a petition for decertification under certain conditions that include: if there is not an initial CBA in place, after a one-year period has concluded following the union's certification by the NLRB, and they have collected signatures from at least 30% of the workers in the bargaining unit.
The NLRB, through the proposal of The Fair Choice-Employee Voice rule, seeks to allow Regional Directors to reject decertification petitions if there are Unfair Labor Charges pending. By rejecting the decertification petitions, is the NLRB signaling that they are looking out for the employees' best interests, or the unions? Time will tell.
Is The NLRB Actually Protecting Workers Rights? © 2023 by Jamey Carroll is licensed under CC BY-NC-SA 4.0