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Representation vote ordered as counter-petition was deemed unreliable due to language barriers and confusing explanations.
The applicant employee filed a petition to terminate the bargaining rights of the respondent union.
A counter-petition was subsequently filed by other employees, which, if valid, would have reduced the support for decertification below the required 45 percent threshold.
The Board rejected the applicant's argument that counter-petitions are invalid as a matter of law in termination proceedings.
However, the Board found the specific counter-petition in this case to be unreliable because the majority of employees could not read English and the explanation provided to them was confusing.
As the original petition maintained the requisite support, the Board ordered a representation vote.
