1. Is “good faith doubt” a sufficient basis for an employer to withdraw recognition from a union?
2. 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 want to be represented by the union and a subsequent petition expressing a majority support for the union?

[The employer, Parkwood, runs a home for the developmentally disabled in Valdosta, Georgia. Until 2003, the employees who worked at the home were represented by the United Food and Commercial Workers Union. Parkwood and the union were parties to a collective bargaining agreement (“CBA”) that was scheduled to expire March 8, 2003.

On December 2, 2002, Parkwood was presented with a petition, signed by a majority of its employees at the home, announcing that they no longer wanted to be represented by the union. Believing that the union no longer enjoyed majority support, Parkwood told the union of the petition that same day and declared it would cease dealing with the union upon expiration of the CBA. From that moment onward, Parkwood refused to negotiate with the union for a successor agreement.

On March 7, 2003, the day before expiration of the CBA, the union presented to Parkwood a counterpetition, also signed by a majority of the employees at the home, declaring a renewed desire for union representation and “revoke[ing], rescind[ing] and cancell[ing]” the earlier petition. Parkwood was unmoved by this eleventh-hour show of support for the union. When the CBA expired the next day, Parkwood refused to recognize the union or bargainwith it for a newagreement.

The union filed charges with the Board alleging, among other things, that Parkwood had violated Section 8(a)(5) of the NLRA by unlawfully withdrawing recognition from the union. The Board found that the employer had violated Section 8(a)(5) of the Act and imposed an affirmative bargaining order, and Parkwood appealed.]