REPRESENTATION ISSUES; DECERTIFICATION – Bar To

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Where a blocking charge proves an employer engaged in unlawful conduct likely to affect a decertification election, the employer may present facts to overcome the likelihood that its unlawful conduct has affected voter choice. (p. 6.) Employee declarations, submitted by the employer, attesting to conditions as they existed when they filed the decertification petition did not provide any evidence that present conditions are now neutral as required for a fair election. (pp. 3-4, 6.)