Shannon Martin, an employee at North Huntingdon EMS/Rescue in Pennsylvania, has filed a second petition with the National Labor Relations Board (NLRB) seeking a decertification election to remove Teamsters Local 205 as the bargaining representative for her and her colleagues. Martin is represented by staff attorneys from the National Right to Work Foundation.
Martin’s latest petition follows the dismissal of her initial request by the NLRB’s Regional Director for Region 6 in Pittsburgh. The dismissal was made after Teamsters union attorneys intervened, with the Regional Director citing the NLRB’s “voluntary recognition bar.” This rule, not found in the text of the National Labor Relations Act (NLRA), prevents workers from requesting a secret ballot election to remove a union for at least six months and up to a year after the union gains bargaining authority through the “card check” process.
The NLRB is responsible for enforcing the NLRA, including overseeing elections to certify or decertify unions. The voluntary recognition bar is an agency-created policy that can be used to prevent workers from voting on union representation, even though the NLRA states that the Board “shall direct an election” when a question arises about a union’s status.