Proper representative and no qualifying rescission
AND · 29usc158:lawful-union-security.representation
Apply the unit, timing and election conditions; the union must also not be established, maintained or assisted by prohibited employer conduct.
Exact element source
(i) if such labor organization is the representative of the employees as provided in section 159(a) of this title, in the appropriate collective-bargaining unit covered by such agreement when made,
Source: docroot/ir/usc/title29.jsonl#title29_sec158; Unicode character offsets [1280:1477] (end exclusive); SHA-256 caadb20cedf4fd4e200812fc0ec46617cc7978ef7a6b0a30e355bccfeb7e0d06.
(ii) unless following an election held as provided in section 159(e) of this title within one year preceding the effective date of such agreement, the Board shall have certified that at least a majority of the employees eligible to vote in such election have voted to rescind the authority of such labor organization to make such an agreement:
Source: docroot/ir/usc/title29.jsonl#title29_sec158; Unicode character offsets [1482:1825] (end exclusive); SHA-256 caadb20cedf4fd4e200812fc0ec46617cc7978ef7a6b0a30e355bccfeb7e0d06.
Routes and case patterns
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How courts decided this element
Annotation blocks, including explicitly excluded context