"It would be an unfair labor practice to cease recognizing an incumbent union based on an employer's desire," says Jeffrey L. Bratt, a labor and employment attorney. "However, if an employer sees that a union has lost a majority of employee support, there are steps that can test that theory." These range from the union walking away from the relationship to the employer proving a "good faith doubt" and calling for an election.

The NLRB cites several examples that could establish "good faith reasonable uncertainty." This distinction--"good faith doubt" and "good faith uncertainty"--makes it somewhat easier for an employer to file an election petition to test the union's position. Cause for testing the waters would include anti-union petitions signed by employees and firsthand statements by employees concerning personal opposition to an incumbent union, employees' unverified statements regarding other employees' anti-union sentiments, and employees' statements expressing dissatisfaction with the union's performance at the bargaining table.