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NLRB Invites Briefs on Contract Bar Doctrine

Office of Public Affairs

Washington, DC –  In an order issued today, the National Labor Relations Board invited parties and amici to submit briefs in Mountaire Farms Inc., 05-RD-256888. In the notice and invitation to file briefs, the Board seeks public input on whether the Board should rescind the contract bar doctrine, retain it as it currently exists, or retain the doctrine with modifications.

With respect to possible modifications to the contract bar doctrine, parties and amici are invited to specifically address the following: the formal requirements for according bar quality to a contract, the circumstances in which an allegedly unlawful contract clause will prevent a contract from barring an election, the duration of the bar period during which no question of representation can be raised (including the operation of the current “window” and “insulated” periods), and how changed circumstances during the term of a contract (including changes in the employer’s operation, organizational changes within the labor organization, and conduct by and between the parties) may affect its bar quality.

Briefs by the parties not exceeding 50 pages in length and conforming to the requirements of Board Rule 102.67(i) and briefs by amici not exceeding 30 pages shall be filed with the Board in Washington, D.C., on or before August 6, 2020 and September 8, 2020, respectively.

The parties may file responsive briefs on or before September 22, 2020, which may not exceed 25 pages in length. The parties and amici shall file briefs electronically by going to and clicking on “eFiling.” If assistance is needed in E-Filing on the Agency’s website, please contact the Office of the Executive Secretary at 202-273-1940.    

Click here to read the notice and invitation to file briefs.

Established in 1935, the National Labor Relations Board is an independent federal agency that protects employees and employers, and unions from unfair labor practices and protects the right of private sector employees to join together, with or without a union, to improve wages, benefits and working conditions. The NLRB conducts hundreds of workplace elections and investigates thousands of unfair labor practice charges each year.