Is good faith doubt a sufficient basis for an employer to ...

[penza]

Is good faith doubt a sufficient basis for an employer to withdraw recognition from a union?

Question 2

Advise the human resources director what she should have done after preparing the flier on how to decertify the union.

[triiciiaa]

Answer to Question 1

No. There is a continuing presumption of an incumbent union's majority status, so that under the Levitz Furniture precedent an employer may unilaterally withdraw recognition from an incumbent union only where the employer can prove that the union has actually lost the support of the majority of bargaining unit employees.

Answer to Question 2

The director should have communicated with top management that it is unlawful for supervisors to initiate, circulate, or sponsor employees involved in a decertification petition. Meetings should have been held with supervisors to caution them in the above respects. Obviously no such advice was disseminated at Caterair.