Hunton Employment & Labor Perspectives

In a pending NLRB case, an employees’ rights advocacy group, the National Right to Work Legal Defense Foundation (“NRTW”), filed an amicus brief supporting poultry plant workers seeking to decertify their union,  the United Food and Commercial Workers Union (“UFCW”), even though there was a collective bargaining agreement in place between the UFCW and their employer. The facts of the case are complex. But, the issue presented in the amicus brief and reply from the union is simple: should the NLRB abolish the decades-old contract bar rule that prohibits an election to oust a union with a collective bargaining agreement in effect?