## Facts

- A nursing home employer had no incumbent bargaining representative for a unit of about 125 employees.
- Two unions sought initial representation: Local 144 and rival Local 1115.
- Local 144 solicited authorization cards, claimed majority support, and requested recognition.
- Local 1115 asserted interest in the same unit and filed an unfair labor practice charge alleging unlawful assistance and recognition of Local 144.
- The parties conducted a neutral card check showing Local 144 had roughly 80–90% employee support; Local 1115 had two cards.
- The employer initially delayed negotiations due to the rival claim but then recognized and began bargaining with Local 144 after the card check.
- Neither union filed a representation petition with the NLRB.

## Issues

1. In a non-incumbent rival-union situation, does the employer have a duty of neutrality based solely on competing claims, or only after a valid representation petition is filed?
2. May an employer lawfully recognize and bargain with a union that shows an uncoerced, unassisted majority by objective evidence before any petition is filed?
3. Did the employer’s recognition and bargaining with Local 144 violate NLRA §§ 8(a)(1) or 8(a)(2)?

## Decision

- The NLRB dismissed the unfair labor practice allegations.
- The Board modified the prior approach associated with Midwest Piping for non-incumbent rivalries.
- The Board held an employer must remain completely neutral only after a valid representation petition is filed.
- Because no petition was filed and Local 144 demonstrated an uncoerced, unassisted majority through a neutral card check, the employer’s recognition and bargaining were lawful.
- The employer did not violate § 8(a)(2) (unlawful support/dominance) or § 8(a)(1) (interference with § 7 rights).

## Legal Principles

- In the absence of an incumbent union, an employer’s neutrality obligation in a rival-union setting is triggered only by the filing of a valid representation petition.
- Before a valid petition is filed, an employer may voluntarily recognize and bargain with a union that demonstrates an uncoerced, unassisted majority support through reliable, objective evidence (including a neutral card check).
- A rival union’s bare or minimal claim, without invoking the Board’s election process through a petition, does not by itself create a formal question concerning representation barring recognition of a proven majority union.
- Recognition based on objective proof of majority support, without employer assistance or coercion, does not constitute unlawful assistance under § 8(a)(2) or interference under § 8(a)(1).

## Conclusion

The NLRB held that in non-incumbent rival-union disputes, an employer may recognize a union that objectively shows an uncoerced, unassisted majority unless and until a rival files a valid representation petition, at which point the employer must maintain neutrality.


Bruckner Nursing Home, 262 N.L.R.B. 955 (1982)