`
`UNITED STATES OF AMERICA
`BEFORE THE NATIONAL LABOR RELATIONS BOARD
`REGION 02
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`BARNES & NOBLE BOOKSELLERS, INC.
`Employer
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`and
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`RETAIL, WHOLESALE AND DEPARTMENT
`STORE UNION (RWDSU)
`Petitioner
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`TYPE OF ELECTION: STIPULATED
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`Case 02-RC-336173
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`CERTIFICATION OF REPRESENTATIVE
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`An election has been conducted under the Board’s Rules and Regulations. The Tally of
`Ballots shows that a collective-bargaining representative has been selected. No timely objections
`have been filed.
`
`As authorized by the National Labor Relations Board, it is certified that a majority of the
`valid ballots has been cast for
`
`RETAIL, WHOLESALE AND DEPARTMENT STORE UNION (RWDSU)
`
`and that it is the exclusive collective-bargaining representative of the employees in the following
`appropriate unit:
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`Unit: Included: All full-time and regular part-time employees employed by the
`Employer at its retail facility located at 2289 Broadway, New York, NY, including booksellers,
`expert booksellers, senior booksellers, lead booksellers, bookseller clerks, baristas, senior
`baristas, lead baristas, inventory cluster support employees, and maintenance clerks.
`
`Excluded: All store managers, assistant store managers, deputy assistant store managers,
`confidential employees, managerial employees, professional employees, guards, and supervisors
`as defined by the Act.
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`March 22, 2024
`
`
`_____________________________________
`John D. Doyle, Jr.
`Regional Director, Region 2
`National Labor Relations Board
`
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`
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`Attachments:
`1.
`Notice of Bargaining Obligation;
`2.
`Notice of Federal Mediation and Conciliation Services for Initial Contract Bargaining.
`
`

`

`
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`NOTICE OF BARGAINING OBLIGATION
`
`In the recent representation election, a labor organization received a majority of
`the valid votes cast. Except in unusual circumstances, unless the results of the election
`are subsequently set aside in a post-election proceeding, the employer’s legal obligation
`to refrain from unilaterally changing bargaining unit employees’ terms and conditions of
`employment begins on the date of the election.
`
`The employer is not precluded from changing bargaining unit employees’ terms
`and conditions during the pendency of post-election proceedings, as long as the employer
`(a) gives sufficient notice to the labor organization concerning the proposed change(s);
`(b) negotiates in good faith with the labor organization, upon request; and (c) good faith
`bargaining between the employer and the labor organization leads to agreement or overall
`lawful impasse.
`
`This is so even if the employer, or some other party, files objections to the
`election pursuant to Section 102.69 of the Rules and Regulations of the National Labor
`Relations Board (the Board). If the objections are later overruled and the labor
`organization is certified as the employees’ collective-bargaining representative, the
`employer’s obligation to refrain from making unilateral changes to bargaining unit
`employees’ terms and conditions of employment begins on the date of the election, not
`on the date of the subsequent decision by the Board or court. Specifically, the Board has
`held that, absent exceptional circumstances,1 an employer acts at its peril in making
`changes in wages, hours, or other terms and conditions of employment during the period
`while objections are pending and the final determination about certification of the labor
`organization has not yet been made.
`
`It is important that all parties be aware of the potential liabilities if the employer
`unilaterally alters bargaining unit employees’ terms and conditions of employment during
`the pendency of post-election proceedings. Thus, typically, if an employer makes post-
`election changes in employees’ wages, hours, or other terms and conditions of
`employment without notice to or consultation with the labor organization that is
`ultimately certified as the employees’ collective-bargaining representative, it violates
`Section 8(a)(1) and (5) of the National Labor Relations Act since such changes have the
`effect of undermining the labor organization’s status as the statutory representative of the
`employees. This is so even if the changes were motivated by sound business
`considerations and not for the purpose of undermining the labor organization. As a
`remedy, the employer could be required to: 1) restore the status quo ante; 2) bargain,
`upon request, with the labor organization with respect to these changes; and 3)
`compensate employees, with interest, for monetary losses resulting from the unilateral
`implementation of these changes, until the employer bargains in good faith with the labor
`organization, upon request, or bargains to overall lawful impasse.
`
`1 Exceptions may include the presence of a longstanding past practice, discrete event, or exigent
`economic circumstance requiring an immediate response.
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`

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`NOTICE OF FEDERAL MEDIATION AND CONCILIATION SERVICES
`FOR INITIAL CONTRACT BARGAINING
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`As a workplace where employees are now represented by a union, both the employer and union
`have a number of obligations under the law, including the duty to bargain in good faith. These
`duties can have a practical impact on the bargaining process, as well as the ongoing labor-
`management relationship at a worksite.
`
`As you navigate this set of obligations and their resulting impacts, we encourage you to take
`advantage of the following resources from the Federal Mediation and Conciliation Service
`(FMCS) (https://www.fmcs.gov/). FMCS is a non-regulatory, independent federal agency,
`separate from the National Labor Relations Board (NLRB), whose mission is to preserve and
`promote labor-management peace and cooperation. FMCS services include:
`
`• Skills development training for collective-bargaining negotiation, committee effectiveness,
`and conflict
`resolution
`(available at https://www.fmcs.gov/services/education-and-
`outreach/skills-development-training/);
`• Education on contract administration (available at https://www.fmcs.gov/services/building-
`labor-management-relationships/); and
`• Mediation, if you need additional assistance and support with your initial contract
`negotiations (available at https://www.fmcs.gov/services/resolving-labor-management-
`disputes/collective-bargaining-mediation/).
`
`FMCS is a Congressionally funded agency offering support to both unions and employers at
`workplaces and these FMCS services and resources are provided at no cost. FMCS services
`are customized to the specific needs of employer and union leadership groups and FMCS is
`available to assist with next steps and/or answer questions that come up throughout an initial
`collective-bargaining agreement negotiation process, as well as for future stages of a labor-
`management relationship.
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`For more information on the full range of FMCS services and how these services can be helpful
`throughout various stages of the collective bargaining process, see OM 22-08. To discuss the
`specific needs of your group, please reach out to FMCS via email at initialcontract@fmcs.gov or
`by phone at (202) 606-8100.
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