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NLRB Overturns Union Decertification Election Based on Employer's 'Promises' of 401(k)
Proskauer Rose LLP Link to more items from this source
July 18, 2014
"During the campaign leading up to the vote, representatives of the employer pointed out to the employees how the unrepresented employees were able to participate in the employer's 401(k) program. The employer made statements to the effect of, 'trust him, vote no and take their union dues and put them into the' existing 401(k). The Board found statements like these to be an implied promise to grant a benefit 'because the evidence shows that the Employer specifically linked the receipt of the 401(k) and profit-sharing plans to voting against the Union in the upcoming decertification election.'"

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