Monday, August 27, 2012
In 2010, the NLRB upheld (2-1) a pre-recognition framework agreement in Dana Corp. The majority concluded that the agreement merely established groundrules for a possible post-recognition relationship, while the dissent argued that the agreement essentially locked in the union without majority support. The Sixth Circuit has just upheld the majority's ruling. The court didn't argue that one view or the other was best, but instead held that the outcome was within the Board's discretion. As someone who has often argued for more judicial deference to the Board (being a former NLRB appellate attorney no doubt plays into that), I applaud this result.