🗞️ Hollywood Impress Printing & Mailing Services: NLRB Dismisses Rival Union's Representation Petition as Untimely

The National Labor Relations Board's contract bar doctrine is a longstanding rule that prohibits representation elections during the first three years of a valid collective bargaining agreement (CBA), with limited exceptions. This doctrine aims to promote labor relations stability by preventing frequent challenges to established union representation.

In the Hollywood Impress case, Teamsters Local #223 filed a representation petition (RC case) on December 29, 2025, seeking an election to replace Printing, Packaging, and Production Workers Union Local 747M, which currently represents employees at the printing company. As a rival union petition, the Teamsters sought to become the new bargaining representative for these workers. The NLRB Regional Director issued a Notice to Show Cause on January 1, 2026, directing the parties to address the contract bar issue.

After reviewing the existing CBA between Hollywood Impress and Local 747M, Regional Director Janet Little determined that the petition was filed outside the permissible timeframe. Under the contract bar doctrine, representation petitions—whether filed by rival unions or employees seeking decertification—can only be filed during a 30-day "window period" that begins 90 days before the contract expires and closes 60 days before expiration—or after the contract expires entirely. For healthcare institutions, this window is extended to 120-90 days before expiration.

The final 60 days before contract expiration is known as the "insulated period," during which the parties are free to negotiate a successor agreement without the disruption of pending representation petitions. If the petition falls outside this narrow window and the contract hasn't expired, the Board will dismiss it as untimely.

The Mountaire Farms decision (370 NLRB No. 110, 2021) serves as the governing precedent. In that case, the NLRB reaffirmed the contract bar doctrine after extensive public comment and briefing, concluding that despite concerns about the window period's complexity, "a sufficiently compelling case has not been made for any particular proposed modification" to the existing rule. The Board emphasized that the doctrine serves important policy goals by promoting stability in collective bargaining relationships while still providing employees periodic opportunities to change representation.

Critics of the contract bar doctrine, including the National Right to Work Legal Defense Foundation, argue that it unduly restricts employee free choice and can trap workers in union representation they no longer support. However, the NLRB has maintained that the doctrine balances stability interests with employee rights, noting that representation petitions can still be filed during the window period, after three years (for longer contracts), or after contract expiration.

The Hollywood Impress decision can be appealed to the full NLRB in Washington, D.C., with the deadline for requesting review set for January 23, 2026. Any such request must be filed electronically through the Board's E-Filing system and must include a complete statement of facts and reasons supporting the appeal.

Key Points

• Contract Bar Doctrine: Valid collective bargaining agreements bar representation elections for up to three years, except during narrow "window periods"
• 30-Day Window: Petitions must be filed 90-60 days before contract expiration (or 120-90 days for healthcare employers)
• Insulated Period: The final 60 days before expiration are "insulated"—no petitions accepted during this time
• RC Case Type: This is a representation petition filed by a rival union (Teamsters Local #223) seeking to replace the incumbent union (Local 747M)
• Untimely Filing: The December 29, 2025 petition fell outside the permissible window period
• Petition Dismissed: Region 19 dismissed the petition without prejudice on January 8, 2026
• Appeal Rights: Parties have until January 23, 2026 to request review by the full Board in Washington
• Mountaire Farms Precedent: 2021 NLRB decision reaffirmed the contract bar doctrine after considering proposals to modify or eliminate it
• Policy Rationale: Doctrine promotes stability in labor relations while preserving periodic opportunities for employee choice

Primary Source Author: Janet Little, Acting Regional Director

Primary Source: NLRB Region 19 Decision and Order, Case 19-RC-377974
Primary Source Link: Hollywood Impress Printing & Mailing Services decision (January 8, 2026)

Supplemental Sources

• NLRB Official Statement - Contract Bar Doctrine Retained
• NLRB Employee Rights - Decertification Elections
• Jackson Lewis Analysis - Contract Bar Window Periods
• National Right to Work Foundation - Decertification Guide
• JURIST Legal News - Mountaire Farms Decision
• UpCounsel - Contract Bar Rule Overview
• Labor Relations Update - Contract Bar Analysis