On the recordFebruary 6, 2012
Absolutely not. In considering the amendments, we relied on and had no intention of disrupting the Supreme Court's decision in the Switchmen case. Codifying the standard in statute was not intended to alter the longstanding deference that must be accorded to the National Mediation Board as it makes factual findings in the representation context. In fact, the language was included in a new section of the Act, rather than incorporated into the existing Section 9, based on a consensus among all parties involved in the conference negotiations that the new showing of interest should not enable an employer to manipulate the election process by demanding court review of the showing of interest.
