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Auciello Iron Works

Auciello Iron Works. A violation of (8)(a)(5) for an employer to assert a GFD about a union’s majority status during CBK, regardless of information in its possession Rationale Stability in labor relations (“repose”) more important than ee choice during term of CBK

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Auciello Iron Works

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  1. Auciello Iron Works • A violation of (8)(a)(5) for an employer to assert a GFD about a union’s majority status during CBK, regardless of information in its possession • Rationale • Stability in labor relations (“repose”) more important than ee choice during term of CBK • Board unwilling to give employer leverage of determining timing of assertion of GFD • er case-by-case argument understandable, but Board’s presumptions reasonable • Board suspicion of er as “champion” of ee rights to refrain from concerted activity

  2. Auciello (cont.) • Presumptions of Majority Status • Absolute • For 1 year after cert. • During term of CBK up to 3 years • Rebuttable (by er) • > 1 year after cert if no agreement • after expiration of CBK • during a CBK three years after effective date • Er may not rely on evidence obtained during the certification year to withdraw recognition after the certification year (Chelsea Industries, 331 NLRB No. 184, 2000, enf’d, No. 00-1443, D.C. Cir., 4/12/02 )

  3. Auciello (cont.) • Er GFD withdrawal options between CBK’s • withdraw proposal and petition for an election • refuse to bargain and defend on absence of majority status • Requires good faith doubt • Investigate or poll • Requires good faith doubt

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