Shaw's Supermarket: Decertification Petition
We represented Shaw's Supermarket chain in decertification petition for 1,100 employees covering nine stores in western Massachusetts. The issue was whether or not a decertification petition filed by employees could be effective after the third complete year of a five year collective bargaining agreement. The National Labor Relations Board held that the company did appropriately withdraw recognition of the union based on a petition and an independent verification by an outside accounting firm of the veracity of the signatures and numbers.
This case was part of an ongoing series of cases concerning after-acquired store litigation and automatic recognition through authorization cards. The case is significant because it confirmed a process of decertification through independent verification in order to meet the heightened standard of the certainty of the employees wishing to no longer be represented.