Union Disclaims Interest: NLRB Dismisses Decertification Petition at Oregon Manufacturer Con-Vey LLC
Oregon manufacturing employee's petition to remove union representation ends before election after USW Local 5074 voluntarily disclaims interest, leading NLRB to dismiss petition as moot.
The National Labor Relations Board (NLRB) Region 19 dismissed a decertification petition filed by an employee at Con-Vey, LLC, an industrial automation manufacturer based in Roseburg, Oregon, after the United Steelworkers (USW) Local 5074 voluntarily disclaimed interest in continuing to represent the employees.
The case began January 14, 2026, when an individual employee filed an RD (decertification) petition seeking to hold an election among Con-Vey employees to remove USW Local 5074 as their collective bargaining representative. Following standard procedures, the NLRB scheduled a representation hearing for January 26, 2026.
However, before the hearing could take place, USW Local 5074 submitted a letter on January 21, 2026, formally disclaiming any interest in representing the bargaining unit. Under NLRB precedent, a union's voluntary disclaimer of representational interest effectively removes the question of representation, making further proceedings unnecessary.
Regional Director Ronald K. Hooks issued the dismissal order on January 23, 2026, canceling the scheduled hearing. The dismissal was made "without prejudice," meaning the petition could potentially be reinstated if the union attempts to reclaim representation rights within six months, citing the precedent established in Little Rock Road Machinery Co., 107 NLRB 715 (1954).
Union disclaimers in decertification cases are relatively uncommon but provide a swift resolution when a union determines it no longer wishes to represent a particular group of employees. The practical effect is that Con-Vey employees are no longer represented by the union, achieving the petitioner's goal without requiring an election.
Decertification petitions require signatures from at least 30% of bargaining unit employees and can only be filed during specific time windows, typically 90-60 days before a contract expires or after it has been in effect for three years. In 2023, only 168 RD petitions were filed nationwide, compared to 1,525 union representation petitions.
Key Points
- Case Filed: Employee petition filed January 14, 2026, seeking to decertify USW Local 5074 as representative for Con-Vey, LLC employees
- Union Response: USW Local 5074 voluntarily disclaimed interest in representation on January 21, 2026
- NLRB Action: Regional Director dismissed petition without prejudice and canceled hearing scheduled for January 26, 2026
- Practical Result: Con-Vey employees are no longer represented by the union, same outcome as if they had won a decertification election
- Reinstatement Option: Petition can be reinstated if union seeks recognition within six months
- Precedent: Decision follows established NLRB precedent from Little Rock Road Machinery Co. (1954)
- Employer: Con-Vey, LLC is an industrial automation manufacturer based in Roseburg, Oregon, specializing in material handling equipment
Primary Source Author: Ronald K. Hooks, Regional Director
Primary Source: Decision and Order Dismissing Petition and Cancelling Notice of Representation Hearing, Case 19-RD-379123
Primary Source Link: https://apps.nlrb.gov/link/document.aspx/09031d458419fdb2
