8.2 Union organizing and representation elections
7 min read•august 20, 2024
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
Key Terms to Review (32)
Anti-union tactics: Anti-union tactics are strategies employed by employers to prevent or undermine the organization and collective bargaining efforts of labor unions. These tactics can include intimidation, misinformation, and economic pressure aimed at discouraging employees from supporting unionization efforts during organizing campaigns or representation elections. Such methods can create a hostile environment for workers considering unionization and significantly influence their decisions regarding union membership.
Bargaining unit: A bargaining unit is a group of employees recognized by a labor organization for the purpose of collective bargaining regarding wages, benefits, and working conditions. This group must share a community of interest, meaning they have similar job duties, skills, or working conditions. Understanding the concept of a bargaining unit is essential as it directly impacts union organizing efforts and representation elections.
Card check: Card check is a method used to determine if employees want to be represented by a union, where workers sign authorization cards indicating their support for union representation. This process allows unions to bypass traditional secret ballot elections and is often seen as a more straightforward way for workers to express their desires about unionization. Card check can significantly impact the dynamics of organizing efforts and can also intersect with various legal frameworks, particularly in relation to public sector unions and right-to-work laws.
Card check neutrality agreements: Card check neutrality agreements are contracts between employers and unions that simplify the unionization process by allowing a union to be recognized if a majority of employees sign cards in favor of the union, without the need for a formal election. These agreements promote a neutral environment where employers commit to not opposing the union's organizing efforts, thus creating a more straightforward path for workers to unionize.
Collective Bargaining: Collective bargaining is the process through which employers and a group of employees negotiate the terms of employment, including wages, hours, and working conditions. This process helps ensure that employees have a voice in their workplace and promotes a balance of power between labor and management.
Collectivization: Collectivization is the process of organizing and consolidating individual landholdings and labor into collective farms or groups, primarily aimed at increasing agricultural productivity and implementing socialist policies. This approach often involves the pooling of resources and the establishment of collective ownership, which can impact labor relations, farming practices, and economic structures within a society.
Contract bar rule and exceptions: The contract bar rule is a legal principle that prevents the National Labor Relations Board (NLRB) from conducting a representation election in a bargaining unit covered by a valid collective bargaining agreement for the duration of that contract. This rule aims to maintain stability in labor relations by upholding existing agreements between employers and unions, while also allowing for certain exceptions under specific circumstances, such as when a contract has been disclaimed or if it is deemed to have been negotiated in bad faith.
Craft union: A craft union is a type of labor organization that represents workers who have specific skills or trades, such as electricians, carpenters, or plumbers. These unions focus on enhancing the working conditions, wages, and benefits of their skilled members, often negotiating collective bargaining agreements with employers tailored to the unique needs of their trade. Craft unions typically emphasize training and apprenticeship programs to maintain high standards within their profession.
Decertification: Decertification is the process by which a labor union loses its official recognition as the representative of a group of employees. This typically occurs when employees petition to remove the union's authority, often through a decertification election where a majority vote is required for the union to be removed. Understanding decertification is crucial as it highlights the dynamic relationship between employees and unions, especially in terms of employee satisfaction and union effectiveness.
Discriminatory actions against organizers: Discriminatory actions against organizers refer to negative or unfair treatment directed at individuals involved in union organizing efforts. Such actions can include harassment, intimidation, retaliation, or other forms of discrimination aimed at discouraging employees from participating in union activities. Understanding this term is essential because it underscores the legal protections afforded to organizers and highlights the consequences employers may face for violating these protections during union organizing and representation elections.
Employee-initiated decertification: Employee-initiated decertification is a process by which employees of a unionized workplace seek to remove their union's representation through a formal election. This action reflects the employees' desire to terminate the union's authority to negotiate on their behalf, often arising from dissatisfaction with the union's performance, leadership, or the terms of collective bargaining agreements. Decertification plays a critical role in ensuring that workers retain control over their representation and have the option to pursue alternative avenues for addressing their workplace concerns.
Employer interference and restraint: Employer interference and restraint refers to actions taken by an employer to obstruct, influence, or control the process of union organizing or the rights of employees to engage in collective bargaining. Such actions can include intimidation, surveillance, or discriminatory practices against employees who support union activities. Understanding this concept is crucial as it directly impacts employees' rights to freely associate and advocate for their interests in the workplace.
Employer-initiated withdrawal: Employer-initiated withdrawal refers to a situation where an employer actively removes a particular employee from a union representation election process, often to undermine union organizing efforts. This action can create a chilling effect on workers who may be hesitant to participate in union activities out of fear of retaliation or removal. Understanding this term is crucial as it connects to issues of fair representation and the legal protections employees have in the context of union elections.
Gissel bargaining orders: Gissel bargaining orders are legal mandates issued by the National Labor Relations Board (NLRB) requiring an employer to recognize and bargain with a union without the need for a formal election. This order is typically granted when the NLRB finds that an employer has committed unfair labor practices that taint the election process, making it impossible to conduct a fair election. These orders emphasize the importance of fair labor practices and aim to protect workers' rights to organize and engage in collective bargaining.
Industrial union: An industrial union is a labor organization that represents workers in a specific industry, regardless of their individual trades or skills. This type of union aims to unite all workers within an industry to negotiate collectively for better wages, benefits, and working conditions. By organizing all workers together, industrial unions strengthen their bargaining power and influence during negotiations.
National Labor Relations Act: The National Labor Relations Act (NLRA) is a foundational labor law in the United States that was enacted in 1935 to protect the rights of employees and employers, to encourage collective bargaining, and to curtail certain private sector labor and management practices that can harm the general welfare of workers. It establishes key rights for employees to organize, join labor unions, and engage in collective bargaining while also outlining unfair labor practices by employers.
NLRA: The National Labor Relations Act (NLRA) is a foundational piece of U.S. labor law enacted in 1935 that grants employees the right to organize, join labor unions, and engage in collective bargaining. It aims to protect the rights of workers, promote fair labor practices, and facilitate the relationship between employers and employees regarding union activities. By establishing the National Labor Relations Board (NLRB), the NLRA plays a critical role in overseeing union elections and addressing unfair labor practices.
NLRB investigation and hearing: An NLRB investigation and hearing is a process conducted by the National Labor Relations Board to determine the validity of claims related to unfair labor practices and union representation elections. This process plays a critical role in ensuring fair treatment of employees and employers during union organizing efforts, providing a structured mechanism to address disputes that arise in the context of collective bargaining and representation rights.
Outcome and Certification: Outcome and certification refer to the results of union organizing efforts and the official recognition of a union following a representation election. The outcome determines whether a union will be established to represent employees, while certification signifies that the union has met legal requirements to be recognized as the bargaining representative for the workers.
Pre-election campaign rules: Pre-election campaign rules are guidelines established to govern the conduct of parties, unions, and employers during the period leading up to a union organizing election. These rules are essential to ensure a fair and transparent election process by regulating how both sides can communicate with potential voters and limiting certain types of behavior that could influence voter decision-making. By providing a framework for acceptable conduct, these rules aim to protect the integrity of the election process and uphold the rights of workers seeking representation.
Protected concerted activity: Protected concerted activity refers to actions taken by employees to improve their working conditions or to address workplace issues collectively. This can include discussions among employees about wages, benefits, or other work-related matters, as well as forming or joining unions. Such activities are protected under the National Labor Relations Act, ensuring that employees can engage in these actions without fear of employer retaliation.
Secret ballot: A secret ballot is a voting method that allows individuals to cast their votes in privacy, ensuring that their choices remain confidential. This method promotes the integrity of elections by minimizing the influence of peer pressure or intimidation and fostering an environment where voters can express their true preferences without fear of repercussions. It is especially important in union organizing and representation elections, as it helps protect workers' rights to make independent decisions about their representation.
Showing of interest requirement: The showing of interest requirement refers to the necessity for a union to demonstrate that a certain percentage of employees in a bargaining unit wish to be represented by the union before an election can be scheduled. This requirement acts as a preliminary step to ensure that there is sufficient employee support for union representation, thereby promoting democratic principles in the workplace. The showing of interest is typically indicated through signed authorization cards or petitions from employees, which are then submitted to the National Labor Relations Board (NLRB) to trigger the election process.
Unfair labor practice: An unfair labor practice refers to actions by employers or unions that violate the rights of employees or the provisions of labor law. These practices can hinder the employees' ability to organize, bargain collectively, or engage in other protected activities. It is crucial to recognize how these practices impact union organizing and representation elections, as they can influence the outcome of elections and the overall relationship between employees, employers, and unions.
Union authorization card: A union authorization card is a document that workers sign to show their support for a labor union and to authorize the union to act on their behalf in collective bargaining. This card is crucial in the union organizing process, as it helps gauge interest in forming a union and is often used to initiate representation elections. A sufficient number of signed cards can lead to formal recognition of the union by the employer or trigger an election overseen by the National Labor Relations Board (NLRB).
Union Busting: Union busting refers to the strategies and tactics employed by employers to discourage or prevent workers from forming or joining labor unions. This practice is often characterized by anti-union campaigns, intimidation, and the firing of union supporters, all aimed at undermining workers' collective bargaining power and stifling union representation. The tactics of union busting can significantly affect the union organizing process and representation elections, creating an environment where workers may feel hesitant to support union efforts.
Union coercion and misconduct: Union coercion and misconduct refer to actions by labor unions that improperly influence employees' decisions about union representation, often violating legal standards. This can include threats, intimidation, or deceptive practices aimed at compelling workers to join or support a union against their will. Such behaviors can undermine the integrity of union organizing and representation elections.
Union election: A union election is a process through which employees vote to determine whether they wish to be represented by a labor union for collective bargaining purposes. This process is crucial in the context of employee rights and organizational representation, as it allows workers to decide if they want to form or join a union that can negotiate on their behalf with their employer regarding wages, benefits, and working conditions.
Union organizing: Union organizing is the process through which employees come together to form a union, with the goal of collectively bargaining for better working conditions, wages, and benefits. This process involves mobilizing workers, educating them about their rights, and gathering support to establish a union that can represent their interests during negotiations with employers.
Union representative: A union representative is an individual elected or appointed to represent the interests of union members in negotiations with employers, particularly during collective bargaining and grievance processes. This role is vital for advocating workers' rights and ensuring their voices are heard in workplace matters, making them a central figure during union organizing efforts and representation elections.
Unionization: Unionization is the process by which workers come together to form or join a labor union, allowing them to collectively negotiate terms of employment with their employer. This movement toward unionization provides employees with a platform to advocate for better working conditions, wages, and benefits through collective bargaining. As a collective entity, unions empower workers to exert greater influence in discussions with management and enhance their overall workplace rights.
Voluntary recognition agreements: Voluntary recognition agreements are formal agreements between employers and labor unions where the employer recognizes the union as the representative of its employees without requiring a secret ballot election. These agreements can expedite the process of union representation and can help avoid contentious elections by allowing the union to represent employees immediately upon gaining a sufficient showing of support.