Author Question: State the basis of Sinclair's challenge to the Board's decision.[br][br][b][color=#151B54]Question ... (Read 92 times)

joblessjake · **on:** Jun 24, 2018

State the basis of Sinclair's challenge to the Board's decision.

Question 2

What action should Parkwood have taken in view of the conflicting petitions, the first one expressing the position that a majority of employees did not wish to be represented by the union and a subsequent petition expressing a majority support for the union?

Madisongo23 · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

Sinclair contended that its First Amendment freedoms were restricted by the Board and Court of Appeals' decisions.

Answer to Question 2

Parkwood chose to rely upon the employees' first petition as its sole barometer of union support, and did not file with the Board a Representation Management petition (RM petition), 29 U.S.C. Section 159(c)(1)(B). Parkwood was under no duty to file an RM petition, but had it done so the company could have secured a Board-administered, secret-ballot election to determine whether it had an obligation to bargain with the Union. A Board election is the preferred method of resolving questions on a union's continuing majority status.