Thursday, December 27, 2007
D.C. Circuit Affirms Levitz Standard of Requiring Employer To Prove Actual Loss of Majority Status To Withdraw Recognition
Highlands Hospital Corp. v. NLRB, ___F.3d___(D.C. Cir. Nov. 30, 2007), is a little noticed, but important labor law decision. The D.C. Circuit upheld the Board's Levitz standard with respect to withdrawal of recognition. In Levitz, the Board held that an employer can lawfully withdraw recognition only if it establishes that the union actually lost its majority status. A good faith doubt will not suffice. What this case adds is that this standard must be met on the day the employer withdrew recognition and not by "after the fact evidence". Thus, the employer was found to have committed a ULP by withdrawing recognition in that the petition it had was signed by less than a majority of unit employees.
Mitchell H. Rubinstein