DC Circ. Puts Union Blocking Charges On Chopping Block

Law360 (April 18, 2018, 11:43 AM EDT) -- In an unpublished judgment in T-Mobile v. National Labor Relations Board, the D.C. Circuit recently affirmed the NLRB's 2001 holding in Levitz Furniture Co[1], confirming that an employer with objective proof that a union has lost majority support has only two choices — withdraw recognition completely or continue to bargain while awaiting the final results of a board election. Not wanting to risk the potential remedies associated with an unlawful withdrawal charge and facing interminable delays due to the union's filing of a blocking charge, T-Mobile created a third option for itself — bargaining on "imminent issues" only and refusing to...

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