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Chelsea Industries, Inc. v. National Labor Relations Board

Employer may not withdraw recognition of union after certification year based on evidence of less than majority support for union acquired during certification year.

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Argued November 1, 2001

Petition for Review and Cross-Application for Enforcement of an Order of the National Labor Relations Board

Under longstanding precedent of the National Labor Relations Board, an employer may not, for a year after a union is certified as the bargaining representative of its employees, withdraw recognition of the union on the ground that it has lost its majority support among the employees. Chelsea Industries, Inc. petitions for review of the Board’s decision extending this rule to prohibit an employer from withdrawing recognition after the certification year based upon evidence of less than majority support for the union that the employer acquired during the certification year. We uphold the Board’s new policy because it is both rational and consistent with the National Labor Relations Act.

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