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Expert Analysis

NLRB Dana Corp. Decision Marks Change In Doctrine

Law360 (October 12, 2007, 12:00 AM EDT) -- In Dana Corp., 351 NLRB No. 28 (Sept. 29), the National Labor Relations Board (the "Board") held that an employer's voluntary recognition of a labor organization does not bar a decertification petition or a rival union's petition for an election that is filed within 45 days of notice to employees of voluntary recognition. In addition, the Board determined that a collective bargaining agreement executed on or after the date of the employer's voluntary recognition will not bar such petitions, unless employees receive notice of the recognition and 45 days have passed without a valid petition being filed....

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