January 2011 - National Labor Relations Board

11730 BLOCKING CHARGE POLICY—GENERALLYAn 8(a)(1) statement to a group of represented employees that the employerintends to operate in the future as a nonunion employer may require the dismissal of apetition that follows, if upon a finding of merit to the charge a causal relationship isestablished between the statement and the subsequent expression of employeedisaffection with the incumbent union which is used to support the petition. WilliamsEnterprises, 312 NLRB 937, 939 (1993).In Saint Gobain Abrasives, Inc., 342 NLRB 434 (2004), the Board concluded thata hearing should be held to resolve genuine factual issues as to whether there was acausal nexus between alleged unfair labor practices and the filing of a decertificationpetition before the dismissal of such a petition.Accordingly, in such circumstances the Regional Office should conduct apreliminary administrative investigation and proceed as follows:(a) If no evidence of causal nexus exists, e.g., the showing of interest wasobtained prior to the alleged unlawful conduct or the disputed conduct was deminimus or isolated:No further consideration should be given to dismissal of the petitionThe decision to treat the charge as blocking the processing of the petitionshould be reconsidered(b) If evidence may support a finding of a causal nexus:Contact the Division of Operations-Management as to the appropriateaction including a possible hearing on the causal nexus issueAdvise the Office of Representation Appeals of the issueContinue to treat the charge as blocking the processing of the petitionRevised 01/11