Section 42 Election Bar

• Library: Employer-Employee Law 2008

The policy of giving effect to the employees’ free choice of their bargaining representative by prohibiting recognitional picketing within 12 months following a valid election is similarly reflected in NLRA § 8(b)(7)(B), 29 U.S.C. § 158(b)(7)(B). Thus, if employees have determined that they do not wish union representation, this section seeks to insulate them from pressure to become unionized for a particular period of time. See:

• Soft Drink Workers Union Local 812, Int’l Bhd. of Teamsters, Chauffeurs, Warehousemen & Helpers of Am., AFL-CIO v. NLRB, 937 F.2d 684 (D.C. Cir. 1991) (incumbent union that continued to engage in economic strike following its defeat in a representation election violated §...