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Monday, October 26, 2026

LABOR—UNFAIR LABOR PRACTICES—NLRB: Employer assistance of decertification petition occurred after majority of unit employees had signed - vitallaw.com

The employer did not violate the NLRA by failing and refusing to recognize and bargain with the union, by unilaterally granting wage increases, by ceasing to deduct and remit union dues, or by removing material from and ceasing access to union bulletin boards.

A divided three-member panel of the NLRB reversed an administrative law judge’s finding and dismissed a complaint allegation that an employer violated NLRA Section 8(a)(5) and (1) by withdrawing recognition from a union absent a valid showing of loss of majority status. The record established that 53 percent of bargaining unit employees had already signed a decertification petition prior to the date the employer engaged in conduct that tainted additional signatures. However, the Board adopted the ALJ’s findings that the employer violated Section 8(a)(1) by prohibiting employees from talking about the union during working time, threatening employees with discipline and reassignment if they talked about the union at work, soliciting employees to sign a petition to decertify the union, promising employees higher pay if they signed a petition to decertify the union, and providing more than ministerial assistance to a petition to decertify the union. Member Prouty filed a separate opinion dissenting in part (Catholic Health Initiatives Colorado dba Centura Health—St. Mary Corwin Medical Center, 375 N.L.R.B. No. 37 (Sept. 9, 2026)).

The employer operates two medical facilities in Pueblo, Colorado. Since November 11, 1974,...



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