On October 29, 2008, NLRB General Counsel Ronald Meisburg issued his annual fiscal year report summarizing the Board’s operations for fiscal year 2008. The memorandum described the Board’s overall performance for the year, and discussed whether the Board had met or surpassed internal goals set in the previous year.

Of particular interest, the General Counsel released statistics showing the impact of the Board’s September 2007 Dana Corp. decision. In Dana Corp., 351 NLRB No. 28 (2007), the Board modified its existing “recognition-bar” doctrine, which barred an election petition filed by an employee or a rival union for a reasonable period of time after an employer’s voluntary recognition of a union.  Attempting to strike a balance between protecting employees’ freedom of choice and promoting the stability of bargaining relationships, the Board amended the rule to impose a notice requirement and a 45-day period in which employees may petition for decertification of the recognized union or support the filing of a petition by a rival union. After the 45-day period, the recognition bar applies. Any collective-bargaining agreement executed on or after the date of voluntary recognition will not bar a decertification or rival union petition unless notice of recognition has been given and forty-five days have passed without a valid petition being filed.

During fiscal year 2008, the Board received 419 requests for Dana notification. In five of these matters, a petition for certification was filed after notices to employees were posted. In twenty-six of these matters, a petition for decertification was filed after the notices were posted.

The General Counsel praised the Board’s performance overall, observing that regional offices won 90.8% of Board and Administrative Law Judge unfair labor practice decisions, and recovered over $70 million in backpay and other fees on behalf of claimants. The General Counsel also noted that case intake increased this year by 1.6% over last year, and more unfair labor practices cases were filed with the Board than in 2007.