A “settlement bar” is an unofficial NLRB doctrine that can block workers, for a period of time, from exercising their right to hold a decertification vote from their union. This usually comes after the union has filed some kind of action themselves with the Board that demands a certain period of time to fully play out. Unfortunately, unions can utilize something like an unfair labor practice charge against the company as a tool to hold a rumored decertification election at bay, which is exactly what happened with Robert Gentry’s attempt to hold a decert back in August 2018. Last month, the NLRB ruled in favor of Gentry and National Right to Work Legal Foundation, granting him the right to move forward with his attempt to decertify the Food and Commercial Workers. In another win for workers, the NLRB Region 19 has charged Unite Here Local 8 with a failure to inform employees of their rights to reduce membership and dues to the union, should they so choose.
