12/02/2025: Decertification Petition Dismissed As Untimely Despite Government Shutdown
The filing window was swallowed by the government shut down.
Direct Results BSP Inc., 06-RD-374616 (Regional Election Decision)
The National Labor Relations Board (NLRB) Regional Director Nancy Wilson has dismissed a decertification petition filed by an employee seeking to remove the United Mine Workers of America as the bargaining representative for workers at Direct Results BSP Inc. in Waynesburg, Pennsylvania. The dismissal was based on the Board’s long-standing “contract bar” doctrine, which protects stable collective bargaining relationships from disruption during the term of a valid contract.
Peter Brunetto filed the petition on November 14, 2025, seeking an election to decertify the union representing editors, sales employees, graphic designers, and other workers at the company. However, the existing collective bargaining agreement between the employer and the union runs from February 7, 2023, through December 31, 2025, placing the petition outside the allowable filing window.
Under the Board’s Leonard Wholesale Meats precedent, a valid collective bargaining agreement bars any representation petitions for up to three years, except during a specific 30-day “window period.” This window opens 90 days before the contract expires and closes 60 days before expiration. For the contract at issue, the proper filing window was October 3 to November 1, 2025.
Brunetto argued that extraordinary circumstances justified an exception to the window period requirement. He claimed he had collected the necessary employee signatures by October 22, 2025, but could not file the petition due to a federal government shutdown that lasted from October 1 through November 12, 2025. During this period, NLRB offices were closed and the electronic filing system was disabled. Brunetto filed his petition immediately when the Board reopened on November 14, 2025.
The union opposed any exception, noting that while the Board made adjustments to certain filing deadlines during the shutdown, no such accommodation was made for the initial filing of representation petitions. The union submitted the Board’s official notice regarding procedures during government shutdowns, which specifically stated that decertification petitions must still be filed within the statutory window period despite office closures.
The Regional Director found that the collective bargaining agreement met all requirements to serve as a contract bar under Appalachian Shale and Deluxe Metal Furniture Co. The contract was in writing, signed by all parties, contained substantial employment terms, clearly covered the petitioned-for employees, and encompassed an appropriate bargaining unit.
Regarding the government shutdown argument, the Regional Director emphasized that Section 9 of the National Labor Relations Act does not permit exceptions to the statutory filing requirements for representation petitions. The Board’s shutdown notice explicitly stated in a footnote that decertification petitions must be filed within the window period regardless of office closures.
The decision highlights the Board’s commitment to maintaining stability in established collective bargaining relationships, even when external circumstances create filing challenges for employees seeking to change their representation status. Parties have until December 15, 2025, to request review of this decision by the Board in Washington.
Significant Cases Cited
Leonard Wholesale Meats, Inc., 136 NLRB 1000 (1962): Established the 30-day window period for filing petitions during the 90 to 60 days before contract expiration.
Mountaire Farms Inc., 370 NLRB No. 110 (2021): Affirmed application of contract bar doctrine to dismiss untimely petitions.
Appalachian Shale, 121 NLRB 1160 (1958): Defined the criteria for determining whether a contract constitutes a valid bar to election petitions.
Deluxe Metal Furniture Co., 121 NLRB 995 (1958): Specified requirements for contracts to bar representation proceedings, including that they must be written and signed.