CAN AN EMPLOYER REQUEST THE NLRB TO DISMISS AN ELECTION PETITION IF AN EMPLOYER IS CEASES HIS BUSINESS OPERATIONS WITHIN 30 DAYS AFTER PETITION IS FILED?
February 18, 2025
- When an employer decides to cease operations shortly after a union election petition is filed, the National Labor Relations Board (NLRB) scrutinizes the employer's motives to determine if the action was intended to interfere with employees' organizing rights. The employer bears the burden of providing substantial and credible evidence that the decision to cease operations was based on legitimate business reasons unrelated to union activities.
Required Evidence
A. To meet this burden, the employer must present concrete evidence, which may include:
- Documented Financial Records: Demonstrating economic hardships, declining sales, or other financial metrics that necessitate cessation of operations.
- Strategic Business Plans: Showing that the decision aligns with long-term business strategies, such as restructuring or focusing on other markets, formulated prior to any union activity.
- Communications and Timelines: Providing records of internal communications and decision-making timelines that corroborate the employer's rationale for ceasing operations, established independently of the union election petition.
- Evidence of Imminent Cessation: The employer must demonstrate that plans to cease operations were imminent and not a reaction to the union election petition. This includes announcements of business closure to the public and employees, termination notices, or other definitive actions indicating a predetermined decision to cease operations.
B. If your company needs assistance trying to get a union petition dismissed 30 days after the election petition is filed since you are going out of business, please contact H. Sanford Rudnick & Associates at 1-800-326-3046
Fundamentals of Labor Law
Sanford Rudnick has written a book called Fundamentals of Labor Law which helps Employers practice at the NLRB. He has used this book for over 40 years.
Sanford Rudnick has gotten this book into many law schools around the country such as Harvard and USC Law School.
Also, Sanford Rudnick has gotten other books on Resolution of Conflict into the Library of Congress and many other libraries around the world.
The major problem in any election or an unfair labor practice charge, is how to resolve conflict between management and your employees. In fact, according to the NLRB there is an 16% increase in unfair labor practices charges being filed by employees or unions in 2023.
Sanford Rudnick uses these principles in these books to win elections and to resolve charge at the NLRB. Call H. Sanford
Rudnick & Associates to purchase these books at
1-800-326-3046.

IF YOU NEED ASSISTANCE IN CONDUCTING AN ELECTION MEETING, PLEASE CALL:
H. Sanford Rudnick JD: 1 800-326-3046

H. Sanford Rudnick & Associates is a full-service Labor Relations firm with 40 years of experience in negotiating union contracts, NLRB matters and all human resource matters. In fact, Mr. Rudnick has written a book called "Fundamentals of Labor Law Regarding Unions" which includes a summary on the National Labor Relations Board and Unions which is at Harvard Law School Library and other law schools around the country. Call to purchase your copy at for $29.95 800.326.3046.
We step in when your business demands your attention or when the unions or the laws or rules of the any of the following threaten the success or profitability of your business.
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H. Sanford Rudnick, J.D.
Labor Consultant
800.326.3046
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