D.C. Circuit Permits Board To Bar Employer Withdrawal of Recognition Based on Tainted Petition Per Se, Even Without Proof of Effect on Employee Choice

The U.S. Circuit Court of Appeals for the District of Columbia recently enforced a Board order finding that an employer may not withdraw recognition based on anti-union employee petitions that it unlawfully assisted, even absent specific proof of the misconduct’s effect on employee choice.  SFO Good-Nite Inn, LLC v. NLRB, 700 F.3d 1 (D.C. Cir. Nov. 20, 2012), enf’g 357 NLRB No. 16 (2011). 

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