REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS – Decertification or Disestablishment of Labor Organization

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“Disestablishment” is a term of art that generally refers to “a complete and permanent termination of all relationships between an employer and the affected labor organization, and any successor[,] having to do with wages, hours, and working conditions,” but “does not necessarily mean complete dissolution of the organization.” (See, e.g., National Labor Relations Board (NLRB) Compliance Manual, § 10528.6, https://www.nlrb.gov/sites/default/files/attachments/pages/node-174/compliancemanual-october-2020.pdf [last accessed June 20, 2024].) Disestablishment is the standard remedy in the infrequent cases involving domination. Alternatively, disestablishment is the appropriate remedy where violations other than domination were egregious, recurrent, and persistent. (p. 4.)