In 2000, employees of the Kent Corporation elected an independent union as their collective bargaining representative. A collective bargaining agreement was hammered out and ultimately ratified by the employees, effective until December 31, 2003. In November 2003, the two sides again negotiated, the result being a contract to be in effect until December 31, 2006. This agreement was signed by the association committee members but was never ratified by the rank and file. In fact, evidence showed there had been no association membership meetings, no election of officers, no dues ever collected, and no association treasury since 2000.

In August 2004, the Steelworkers Union filed a representation petition. The NLRB regional director ruled that the association was a defunct union and that its current contract was no bar to an election.

The company filed a request for review of the decision with theNLRB inWashington, D.C. The association vice president and a member of the bargaining committee attested to their willingness to continue representing the employees. There was no evidence that the association had ever failed to act on a bargaining unit member’s behalf.

How should the NLRB rule on the association’s representative status? See Kent Corporation [272 NLRB No. 115, 117 L.R.R.M. 1333 (1984)].