If an employer recognizes a union that does not represent the majority of employees, that is a violation of Section 8(a)(2), even if the employer was acting in good faith.

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This is because recognizing a union that does not represent the majority of employees undermines the democratic process that is the foundation of the National Labor Relations Act (NLRA). Section 8(a)(2) of the NLRA prohibits employers from interfering with the selection of a bargaining representative by their employees. Therefore, recognizing a minority union undermines the employees' right to choose their own representative.

If an Employer Recognizes a Union That Does Not Represent