Vote
On the scheduled election day, workers cast their votes in a secret ballot to determine whether they support union representation. The National Labor Relations Board oversees the election process to guarantee fairness and transparency. After submitting union support cards signed by a majority of coworkers, the National Labor Relations Board coordinates the election date and eligible voters at your workplace. If the majority votes in favor of the union, your employer is obligated to recognize the union and engage in collective bargaining with you and your coworkers.
Here’s How You Can Prepare For The Election Process.
Initiating the Election Process
Submit a petition along with related documents to the nearest NLRB Regional office, demonstrating support from a minimum of 30% of employees. NLRB agents will investigate jurisdiction, union eligibility, and absence of labor contracts or recent elections that could impede the unionization process.
Employers are required to post a Notice of Petition for Election in multiple locations and distribute it electronically if they communicate with employees digitally.
Employers are required to post a Notice of Petition for Election in multiple locations and distribute it electronically if they communicate with employees digitally.
Election Agreement Negotiation
The NLRB facilitates negotiations between the employer, union, and other involved parties to reach an agreement on crucial details such as the date, time, and location of the voting process, as well as ballot language and eligibility criteria for voters. In the even that no consensus is reached, the Regional Director intervenes by holding a hearing and, if necessary, may issue an order to conduct the election in accordance with NLRB regulations.
Election Process
Elections are usually scheduled promptly following authorization, but they can be delayed if there are allegations of interference with employees' free choice. In preparation for the election, the employer replaces the Notice of Petition for Election with a Notice of Election, which is posted to notify employees of the upcoming voting event.
Election Outcome and Procedures
The certification or decertification of a union as the bargaining representative is determined by a majority vote of the employees participating in the election. Observers from all parties involved are permitted to be present during the counting of the ballots to ensure transparency and fairness. Within seven days of the election, objections to the conduct of the election can be filed, with the option to appeal to the Board in Washington. Results of the election may be set aside if there is evidence that conduct by the employer or the union has interfered with the employees' freedom of choice.
Union Certification and Bargaining
Once a union secures a majority of votes in a representation election, it becomes the certified bargaining representative for the employees in the bargaining unit. As such, the employer is legally obligated to recognize and negotiate with the union in good faith. Failure to engage in collective bargaining with the union constitutes an unfair labor practice under the National Labor Relations Act (NLRA). It is imperative for employers to fulfill their duty to bargain with the certified union representative to avoid legal repercussions and uphold the rights of workers to engage in collective bargaining.
Competing Union Elections
A competing union election typically arises when the labor contract with the current (incumbent) union is about to expire or has already expired. In such scenarios, if another union (the challenging union) believes it can better represent the interests of the employees, it may decide to initiate a process to become the new representative.
Links to Resources
Key terms
Representation Election
The formal process conducted by the National Labor Relations Board (NLRB) to determine whether employees wish to be represented by a union for collective bargaining purposes.
Election Observers
Individuals appointed by the NLRB or participating parties to oversee the voting process and ensure fairness and integrity.
Certification
The official recognition by the NLRB of a union as the exclusive bargaining representative for the employees in the designated bargaining unit, following a successful representation election.
Runoff Election
A subsequent election held between the top two contenders if no single option receives a majority vote in the initial election.
