Labor & Employment Developments Blog

The National Right To Work Legal Defense Foundation reports that union attorneys have filed 5 cases seeking to overturn the NLRB’s 2007 decision in Dana Corporation.  The Dana Corp. decision granted employees the right to file a decertification petition and force a secret ballot election within 45 days after an employer recognizes a union by card check.  For 40 years prior to Dana Corp., the Board had barred for a “reasonable time” (usually around 6 months) any attempt to decertify a union that had been voluntarily recognized by an employer.  Obviously, if some form of the Employee Free Choice Act passes, the Dana Corp. decision takes on even more significance.  We will watch this litigation closely. 

See:  The National Right To Work Legal Defense Foundation press release.