Wurtland Nursing, a rehabilitation center, withdrew recognition of the S.E.I.U. Local 1199 after it received an “RD” petition signed by a majority of employees in the unit that stated the following:
We the Employee’s [sic] of Wurtland nursing and rehab wish for a vote to remove the union S.E.I.U. 1199.

Under the Levitz Furniture standard, “an employer may unilaterally withdraw recognition from an incumbent union only where the union has actually lost the support of the majority of the bargaining unit employees … and the employer bears the burden of showing, through objective evidence, an actual loss of the union’s majority status at the time of the withdrawal of recognition.” Did the employer violate Section 8(a)(5) in this case, or was this petition proof that the union had actually lost the support of a majority of employees, allowing the employer to unilaterally withdraw recognition from the union? [Wurtland Nursing & Rehabilitation Center, 351 NLRB No. 50 (Sept. 29, 2007).]