and representation elections are crucial processes in labor relations. They allow employees to collectively negotiate with employers, while employers face restrictions on interfering. The process involves obtaining authorization cards, determining bargaining units, and potentially holding elections.
The guarantees employees' right to organize, while employers are prohibited from interfering. Union authorization cards demonstrate support, and determination establishes the group represented. Representation elections, conducted by the NLRB, decide if a union becomes the exclusive bargaining representative.
Union organizing process
The union organizing process is a crucial aspect of labor relations, enabling employees to collectively negotiate with their employer
Employees have the right to organize and join unions, while employers face restrictions on interfering with this process
The organizing process involves obtaining union authorization cards, determining the appropriate bargaining unit, and potentially holding a representation election
Employees' right to organize
Top images from around the web for Employees' right to organize
The Labor Relations Process | OpenStax Intro to Business View original
Is this image relevant?
Progressive Charlestown: The original Labor Day View original
Is this image relevant?
Progressive Charlestown: The Workers First Agenda View original
Is this image relevant?
The Labor Relations Process | OpenStax Intro to Business View original
Is this image relevant?
Progressive Charlestown: The original Labor Day View original
Is this image relevant?
1 of 3
Top images from around the web for Employees' right to organize
The Labor Relations Process | OpenStax Intro to Business View original
Is this image relevant?
Progressive Charlestown: The original Labor Day View original
Is this image relevant?
Progressive Charlestown: The Workers First Agenda View original
Is this image relevant?
The Labor Relations Process | OpenStax Intro to Business View original
Is this image relevant?
Progressive Charlestown: The original Labor Day View original
Is this image relevant?
1 of 3
Guaranteed under the National Labor Relations Act ()
Protects concerted activities for mutual aid or protection
Includes discussing terms and conditions of employment
Allows employees to join or assist labor organizations
Employer restrictions
Prohibited from interfering with, restraining, or coercing employees in exercising their rights
Cannot discriminate against employees based on union support or activities
Restricted from providing assistance or support to unions
Must remain neutral during the organizing process
Union authorization cards
Used to demonstrate employee support for union representation
Typically state that the employee wishes to be represented by the union for purposes
Signed by employees in the proposed bargaining unit
If a majority of employees sign cards, the union may request voluntary recognition or file a petition for a representation election
Bargaining unit determination
The group of employees that would be represented by the union for collective bargaining
Should be a community of interest among employees (similar job duties, working conditions, and supervision)
May include all employees or a subset (craft unit, departmental unit)
Determined by agreement between the employer and union or by the NLRB in case of a dispute
Representation election procedures
When a union has obtained a sufficient showing of interest, it may file a petition with the NLRB to hold a election
The NLRB investigates the petition, determines the appropriate bargaining unit, and sets the election date
Both the employer and the union can campaign to persuade employees to vote for or against union representation
The outcome of the election determines whether the union is certified as the exclusive bargaining representative
Filing petition with NLRB
Union files a petition with the regional office of the NLRB
Must allege that a substantial number of employees wish to be represented for collective bargaining
Petition includes a description of the proposed bargaining unit
Employer is notified of the petition and may challenge the appropriateness of the unit
Showing of interest requirement
Union must provide evidence that at least 30% of employees in the proposed unit support the petition
Typically demonstrated through signed authorization cards or a petition
Not a vote, but rather a preliminary showing to warrant an election
Failure to meet the requirement results in dismissal of the petition
NLRB investigation and hearing
NLRB investigates the petition to determine if there is a question concerning representation
May involve obtaining information from the employer (list of employees, job classifications)
If parties disagree on the appropriateness of the unit, a hearing may be held
Hearing officer takes evidence and makes a recommendation to the regional director
Pre-election campaign rules
Employer and union can communicate with employees to influence their vote
Employer must provide the union with a list of eligible voters (Excelsior list)
Campaign materials must not contain threats, promises, or coercion
Certain conduct (captive audience meetings, inflammatory appeals) may be objectionable
Secret ballot election
Conducted by the NLRB on the employer's premises
Employees vote by secret ballot for or against union representation
Observers from both sides may be present to challenge eligibility and monitor the process
NLRB agents count the ballots and announce the results
Outcome and certification
If a majority of votes are cast in favor of the union, it is certified as the exclusive bargaining representative
If the union loses, it may not seek another election for at least one year
Objections to the conduct of the election may be filed, potentially resulting in a rerun election
Certification requires the employer to bargain in good faith with the union
Unfair labor practices during organizing
Both employers and unions can commit unfair labor practices (ULPs) during the organizing process
ULPs are violations of the rights guaranteed under the NLRA and can result in remedial action by the NLRB
Common ULPs include employer interference and discrimination, as well as
Employer interference and restraint
Threatening employees with adverse consequences for supporting the union (job loss, closure)
Interrogating employees about their union activities or sympathies
Promising benefits or improvements to discourage union support
Engaging in surveillance of union meetings or activities
Discriminatory actions against organizers
Discharging, disciplining, or refusing to hire employees based on their union support or activities
Transferring or reassigning union supporters to less desirable positions or shifts
Treating union supporters differently in terms of work assignments, overtime, or other conditions
Closing a facility or relocating operations to avoid
Union coercion and misconduct
Threatening or intimidating employees to sign authorization cards or support the union
Making false promises or misrepresentations about the benefits of unionization
Engaging in violence, vandalism, or other disruptive tactics during the campaign
Offering bribes or other inducements to secure employee support
Remedies for violations
NLRB can issue a complaint and hold a hearing on alleged ULPs
If a violation is found, the Board may order the offending party to cease and desist
Remedies may include reinstatement and back pay for discharged employees, posting of notices, and other make-whole relief
In cases of egregious or repeated violations, the Board may issue a bargaining order or other extraordinary remedies
Bargaining orders and voluntary recognition
In some cases, a union may be recognized as the bargaining representative without a secret ballot election
This can occur through a bargaining order issued by the NLRB or through voluntary recognition by the employer
These alternative paths to recognition are based on a showing of majority support through authorization cards or other means
Gissel bargaining orders
Named after the Supreme Court case NLRB v. Gissel Packing Co.
Issued by the NLRB when an employer's ULPs have made a fair election unlikely
Requires the employer to bargain with the union based on a card majority
Typically reserved for cases of serious and pervasive violations
Voluntary recognition agreements
Employer agrees to recognize the union based on a showing of majority support through authorization cards
Parties may sign a recognition agreement setting forth the terms of the bargaining relationship
Voluntary recognition may be challenged by employees or a rival union within a certain period
Card check neutrality agreements
Negotiated between a union and an employer before the organizing campaign begins
Employer agrees to remain neutral and recognize the union if a majority of employees sign authorization cards
May include provisions for access to the workplace, employee lists, and dispute resolution
Designed to avoid the adversarial nature of a traditional election campaign
Decertification and withdrawal of recognition
Just as a union can be certified as the bargaining representative, it can also be decertified or have recognition withdrawn
is typically initiated by employees who no longer wish to be represented by the union
Withdrawal of recognition is an action taken by the employer based on evidence that the union has lost majority support
Employee-initiated decertification
Employees may file a decertification petition with the NLRB
Must be supported by at least 30% of employees in the bargaining unit
Election is held to determine if a majority still wish to be represented by the union
If the union loses, it is decertified and no longer represents the employees
Employer-initiated withdrawal
Employer may withdraw recognition if it has objective evidence that the union has lost majority support
Evidence may include employee petitions, statements, or other reliable indicators
Must be based on a good faith doubt, not a desire to avoid bargaining
Union may challenge the withdrawal and file ULP charges
Contract bar rule and exceptions
A valid collective bargaining agreement (CBA) typically bars a decertification petition or withdrawal of recognition
The contract bar is in effect for the term of the CBA, up to a maximum of three years
Exceptions exist for the 30-day window period before the CBA expires and for contracts with illegal provisions
The contract bar promotes stability in bargaining relationships
Impact on collective bargaining
Decertification or withdrawal of recognition terminates the bargaining relationship
Employer is no longer obligated to bargain with the union or adhere to the terms of the CBA
Employees lose the protections and benefits negotiated by the union
A decertified union may seek to reorganize the bargaining unit after a one-year waiting period