The Midwest Piping Doctrine is a policy followed by the National Labor Relations Board (NLRB) marked by complete neutrality by employers in rival union situations. The doctrine arose out of the decision in Midwest Piping & Supply Co., 63 N.L.R.B. 1060 (1945) and was followed for 37 years from 1945 until 1982. Under the rule, an employer could not recognize or contract with any of the rival unions while there were conflicting claims raising real questions of representation. As a result of the RCA Del Caribe, Inc., 262 N.L.R.B. 963 (1982) case, an employer now must deal with an incumbent union even if a rival union has filed a valid election petition. In situations where there is no incumbent, the Board in Bruckner Nursing Home, 262 N.L.R.B. 955 (1982) required the employer to take a position of complete neutrality only after the filing of a valid election petition. Before such a filing, the employer is free to recognize a union if that union represents "an uncoerced, unassisted majority" of employees.
[Last updated in July of 2023 by the Wex Definitions Team]
- Keywords