REPRESENTATION ISSUES; DECERTIFICATION – Bar To

Single Topic for Decision 0960E

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An election should continue to be stayed only if the employees' dissatisfaction with their representative is in all likelihood attributable to the employer's unfair practices rather than to the exclusive representative's failure to respond to and serve the needs of the employees it represents; p. 4. In order to preserve the employees' free choice in the matter of representation, the Board may delay a representation election when there is a substantial risk that its outcome will be affected by conduct that is alleged to be an unfair practice when that charge is still pending before the Board; p. 5. Union failed to establish what benefit would accrue to the employees by requiring them to wait a full year following resolution of the unfair practice charge to vote in the decertification election contrary to Board policy to encourage prompt resolution of unfair practice charge to vote in the decertification election contrary to Board policy to encourage prompt resolution of