Theresa Hause, a school bus driver for First Student Inc. in Battle Ground, Washington, has filed an appeal with the National Labor Relations Board (NLRB) to challenge the “merger doctrine.” This legal tactic is reportedly used by union officials to prevent workers from voting on union representation and forced dues at their workplace.
The “merger doctrine” allows unions to consolidate smaller bargaining units into larger ones. This move can hinder employees from holding decertification elections or deauthorization elections because they find themselves part of a much larger bargaining unit. According to critics, this makes it difficult for employees to gather enough signatures—30% of the unit—to trigger such votes.
Teamsters and other unions have used this strategy in various cases. For instance, Teamsters officials have blocked votes at multiple locations by claiming that the workers are part of one massive bargaining unit involving over 22,000 drivers across 33 states. In another case, a small group of Wisconsin workers was unable to decertify the Teamsters due to being merged into a multi-company unit with around 24,000 workers.
Hause’s request follows a decision by an NLRB Regional Director applying the merger doctrine to her situation. She sought a deauthorization election to end Teamsters Local 58’s power over driver fees but was blocked by the doctrine. Despite collecting sufficient signatures from drivers at Battle Ground and Hockinson facilities, Teamsters lawyers argued these drivers were just a fraction of those under a national agreement involving Teamster affiliates.
An appeal has been filed with the NLRB in Washington, DC; however, action is pending as only two board members currently serve on what should be a five-seat board. President Trump could appoint new members who would then review Hause’s request once confirmed by the Senate.
Mark Mix, President of National Right to Work Foundation stated: “This case shows how Teamsters bosses… disenfranchise workers and trap them in union ranks and forced dues payments.” He added that it’s time for NLRB rules like the merger doctrine—which he views as arbitrary—to be overhauled so that worker rights under federal law are preserved.
Mix further commented: “Quickly ending ‘the merger doctrine’ would be an excellent way for incoming Trump NLRB majority…to signal that employee rights will be prioritized.”
