Appeal: ‘Blocking Charge Rule’ violates text of federal law and was wrongly applied to block election requested by hundreds of nurses

Washington, DC (June 3, 2026) – Following a petition signed by hundreds of registered nurses and healthcare professionals at George Washington University Hospital, the nurse who filed the petition has asked the National Labor Relations Board (NLRB) to stop using its non-statutory “blocking charge” policy to block the GWU Hospital employees from voting in an election to remove District of Columbia Nurses Association (DCNA) union officials from power at the facility.

In April the GWU hospital workers, led by nurse Elizabeth Abraha, filed a decertification petition with the NLRB to free themselves from DCNA representation. The NLRB is the federal agency responsible for enforcing the National Labor Relations Act (NLRA), a task that includes administering elections to install (or “certify”) and remove (or “decertify”) unions.

After Abraha’s petition was filed, DCNA union bosses moved to block the nurses’ election with unproven “unfair labor practice” charges against the Hospital. Abraha’s Request for Review argues that NLRB Regional officials accepted the DCNA’s charges without due process, stating that Abraha’s petition was suspended “based on ULP charge proceedings without holding a public hearing or even permitting Petitioner to review the charges.”

Abraha’s Request for Review contends the NLRB’s blocking charge policy is inconsistent with the text of the NLRA: “Allowing an interested, third party to unilaterally stop an election proceeding violates NLRA Section 9 [which] states that ‘whenever a petition shall have been filed’ ‘the Board shall investigate such petition’ and if the Board finds ‘a question of representation exists, it shall direct an election by secret ballot.’”

The Request for Review points out that the NLRA does not grant the NLRB the authority to invent rules to stymie worker-requested decertification elections. Moreover, it argues the NLRB Region denied the petitioner due process by refusing to hold a hearing or provide copies of the charges being used as pretext for blocking the decertification vote.

“The text of the NLRA unambiguously states that employees have the right to hold decertification elections to remove an unwanted union from their workplace,” commented National Right to Work Foundation President Mark Mix. “The NLRB should be defending employee free choice, not inventing policies that protect incumbent union bosses from being voted out by rank-and-file workers.

“Ending the biased Biden-era blocking charge policy would be one of the most pro-worker changes the new Board majority could and should take,” added Mix.

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, assists thousands of employees in about 200 cases nationwide per year.