§ 103.21 Processing of petitions filed after voluntary recognition.  


Latest version.
  • (a) An employer's voluntary recognition of a labor organization as exclusive bargaining representative of an appropriate unit of the employer's employees under section 9(a) of the Act, and the first collective-bargaining agreement executed by the parties on or after the date of such voluntary recognition, will not bar the processing of an election petition unless:

    (1) The employer and/or the labor organization notifies the Regional Office that recognition has been granted;

    (2) The employer posts, in conspicuous places, including all places where notices to employees are customarily posted, a notice of recognition (provided by the Regional Office) informing employees that recognition has been granted and that they have a right to file a petition during a 45-day “window period” beginning on the date the notice is posted;

    (3) The employer distributes the notice described in paragraph (a)(2) of this section electronically to employees in the petitioned-for unit, if the employer customarily communicates with its employees electronically; and

    (4) 45 days from the posting date pass without a properly supported petition being filed.

    (5) The notice described in paragraph (a)(2) of this section shall state as follows:

    (b) This section shall be applicable to an employer's voluntary recognition on or after the effective date of this rule.

    [85 FR 18399, Apr. 1, 2020]

[85 FR 18399, Apr. 1, 2020