Michigan worker urges court action on blocked union decertification vote

According to Kent’s brief, federal law requires that when employees file a valid petition for a decertification vote, the NLRB must hold a hearing and conduct an election if there is a question about union representation. The brief states: “by dismissing Mr. Kent’s decertification petitions based on the mere allegations in the Union’s blocking charge, the Region and the Board failed to comply with Congress’ directive that the Board ‘shall’ conduct a hearing and ‘shall’ conduct an election when a question of representation exists.”

The brief also argues that current agency rules were violated by this policy. In 2020, under its Election Protection Rule (EPR), the NLRB established that blocking charges could not prevent workers from voting in union decertification elections; instead, votes should be held and counted prior to investigating any related allegations.

The brief reads: “Here, the Board is refusing to follow its own rules by dismissing Mr. Kent’s decertification petitions because of speculation, unproven allegations, and a confidential ‘investigation’ to which he is not privy.”

National Right to Work Foundation President Mark Mix commented: “In this brief, Rayalan Kent and his coworkers speak for all independent-minded American workers, whose clear right under federal law to vote to remove union officials they disapprove of is gravely threatened by the existence of the NLRB’s various invented non-statutory policies. Union bosses should not be able to unilaterally override this right, and the Sixth Circuit needs to restore to workers their fundamental rights of free choice under the National Labor Relations Act.”