The contract bar doctrine provides that once a contract is executed,
the National Labor Relations Board (NLRB) generally does not permit a representation
election in the unit covered by the contract until the contract expires
up to a 3 year limit. This rule applies to a petition by another union
to represent the employees, a petition filed by the employees to decertify,
or a petition filed by the employer. The contract bar doctrine is followed
in determining whether or not an existing collective-bargaining contract
will bar an election.
Examples of contracts that would not bar an election are:
- The contract is not
in writing, or is not signed.
- The contract has
not been ratified by the members or the union, if such is expressly required.
- The contract does
not contain substantial terms or conditions of employment sufficient to
stabilize the bargaining relationship.
- The contract can
be terminated by either party at any time for any reason.
- The contract contains
a clearly illegal union-security clause.
- The bargaining unit
is not appropriate.
- The union that entered
the contract with the employer is no longer in existence or is unable or
unwilling to represent the employees.
- The contract discriminates
between employees on racial grounds.
- The contract covers
union members only.
- The contracting union
is involved in a basic internal conflict at the highest levels with resulting
unstabilizing confusion about the identity of the union.
- The employer’s operations
have changed substantially since the contract was executed.
