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October 19, 2020

Coalition For A Democratic Workplace Files Amicus Brief In Contract Bar Case

On October 8, the Coalition for a Democratic Workplace, which the Metals Service Center Institute is a member of, filed an amicus brief in Mountaire Farms, a case dealing with the National Labor Relations Board’s (NLRB) contract bar doctrine. As it is currently written, this doctrine prevents representation elections for employees covered under a collective bargaining agreement until either the agreement expires or until three years have passed.

The NLRB requested amicus briefs in July 2020, asking whether or not it should rescind the current doctrine, retain it, or make modifications to it.

In its amicus brief, CDW explains that the NLRB contract bar doctrine is no longer necessary to establish and maintain stability in labor relations and actually impairs employee freedom of choice in a manner that conflicts with the National Labor Relations Act. As such, CDW encouraged the board to rescind the current doctrine, or modify it to shorten the bar period and lengthen the time during which employees can challenge a union’s majority status before, during, and/or after collective bargaining for a new agreement.