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When can a verified petition questioning the majority status of an incumbent union be filed in an organized establishment?

Legal Answers / Nicolas and De Vega Law Offices

Petitions questioning the incumbent union’s majority status in organized establishments must be filed within 60 days before the CBA expires.

When can a verified petition questioning the majority status of an incumbent union be filed in an organized establishment? Read More »

What percentage of employee support is needed to automatically trigger a certification election in an organized establishment?

Legal Answers / Nicolas and De Vega Law Offices

A certification election is automatically ordered if the petition is supported by the written consent of at least 25% of employees.

What percentage of employee support is needed to automatically trigger a certification election in an organized establishment? Read More »

What constitutes a valid certification election?

Legal Answers / Nicolas and De Vega Law Offices

For a certification election to be valid, at least a majority of all eligible voters in the unit must cast votes.

What constitutes a valid certification election? Read More »

When is a run-off election conducted?

Legal Answers / Nicolas and De Vega Law Offices

A run-off election between the top two unions occurs if no choice gets a majority among three or more options.

When is a run-off election conducted? Read More »

When is a certification election automatically conducted in an unorganized establishment?

Legal Answers / Nicolas and De Vega Law Offices

A certification election is automatically conducted in an unorganized establishment whenever a legitimate labor organization files a petition.

When is a certification election automatically conducted in an unorganized establishment? Read More »

Can an employer oppose a petition for a certification election?

Legal Answers / Nicolas and De Vega Law Offices

Employers are legally considered mere bystanders and have absolutely no right to oppose a petition for a certification election.

Can an employer oppose a petition for a certification election? Read More »

When must the non-representation provisions of a CBA be renegotiated?

Legal Answers / Nicolas and De Vega Law Offices

All provisions of a CBA aside from representation must be renegotiated no later than three years after execution.

When must the non-representation provisions of a CBA be renegotiated? Read More »

Are courts generally allowed to issue injunctions in labor disputes?

Legal Answers / Nicolas and De Vega Law Offices

Courts are generally prohibited from issuing temporary or permanent injunctions or restraining orders in cases involving labor disputes.

Are courts generally allowed to issue injunctions in labor disputes? Read More »

What is the first step when a party desires to negotiate a collective bargaining agreement?

Legal Answers / Nicolas and De Vega Law Offices

To start collective bargaining, a party must serve a written notice of proposals, and the recipient must reply within ten days.

What is the first step when a party desires to negotiate a collective bargaining agreement? Read More »

What happens if differences arise during the initial notice and reply phase of collective bargaining?

Legal Answers / Nicolas and De Vega Law Offices

If differences arise from the bargaining notice and reply, either party can request a conference to begin within ten days.

What happens if differences arise during the initial notice and reply phase of collective bargaining? Read More »

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