§ 103.21. Processing of petitions filed after voluntary recognition.
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/us/cfr/t29/s§ 103.21·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)An employer's voluntary recognition of a labor organization as exclusive bargaining representative of a unit of the employer's employees, based on a showing of the union's majority status, bars the processing of an election petition for a reasonable period of time for collective bargaining between the employer and the labor organization.
(b)A reasonable period of time for collective bargaining, during which the voluntary-recognition bar will apply, is defined as no less than 6 months after the parties' first bargaining session and no more than 1 year after that date.
(c)In determining whether a reasonable period of time for collective bargaining has elapsed in a given case, the following factors will be considered:
(1)Whether the parties are bargaining for an initial collective-bargaining agreement;
(2)The complexity of the issues being negotiated and of the parties' bargaining processes;
(3)The amount of time elapsed since bargaining commenced and the number of bargaining sessions;
(4)The amount of progress made in negotiations and how near the parties are to concluding an agreement; and
(5)Whether the parties are at impasse.
(d)In each case where a reasonable period of time is at issue, the burden of proof is on the proponent of the voluntary-recognition bar to show that further bargaining should be required before an election petition may be processed.
(e)Notwithstanding paragraph (a), an employer's voluntary recognition of a labor organization as exclusive bargaining representative of a unit of the employer's employees will not preclude the processing of a petition filed by a competing labor organization where authorized by Board precedent.
(f)This section shall be applicable to an employer's voluntary recognition of a labor organization on or after September 30, 2024.
(g)The provisions of this section are intended to be severable. If any paragraph of this section is held to be unlawful, the remaining paragraphs of this section not deemed unlawful are intended to remain in effect to the fullest extent permitted by law. \[89 FR 63026, Aug. 1, 2024\]
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§ 103.21
Processing of petitions filed after voluntary recognition.
Fed. Reg.×2
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