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Employer's Minor Technical Violation Reason to Set Aside Election
Publication year - 2017
Publication title -
management report for nonunion organizations
Language(s) - English
Resource type - Journals
eISSN - 1530-8286
pISSN - 0745-4880
DOI - 10.1002/mare.30257
Subject(s) - excuse , minor (academic) , aside , hypocrisy , set aside , nullification , law , political science , economics , law and economics , linguistics , philosophy , agronomy , biology
In the November 2016 issue of this newsletter, we reported on the decertification case Brunswick Bowling , 364 NLRB No. 96 (2016). The union missed a deadline for filing paperwork, which, under the Board's supposedly strict quickie election rules, should have been penalized. However, the Board ruled that the regional director had the right to excuse the union's tardiness with no penalty to the union or advantage to the employer. Just three months later, with the shoe on the other foot, the Board was willing to overturn the results of an election the employer had won by double digits, because of a very minor technical violation that could not possibly have affected the outcome of the election in any way. The double standard and the hypocrisy are stunning.