What action should Parkwood have taken in view of the conflicting petitions, the first one expressing the position that a majority of employees did not wish to be represented by the union and a subsequent petition expressing a majority support for the union?
Parkwood chose to rely upon the employees' first petition as its sole barometer of union support, and did not file with the Board a Representation Management petition ("RM petition"), 29 U.S.C. Section 159(c)(1)(B). Parkwood was under no duty to file an RM petition, but had it done so the company could have secured a Board-administered, secret-ballot election to determine whether it had an obligation to bargain with the Union. A Board election is the preferred method of resolving questions on a union's continuing majority status.
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