What is a representation petition?
A representation petition is a formal request to the National Labor Relations Board (NLRB) to hold a secret ballot election to determine whether a majority of employees in a proposed bargaining unit wish to be represented by a union. The union must show that at least 30% of employees in the proposed bargaining unit want to be represented by the union. The NLRB will determine if this threshold has been met.
Does a petition always have to be filed?
Federal labor law allows an employer to voluntarily recognize a union without an election. However, Broad believes the best way to determine the wishes of Broadies in the proposed bargaining unit is through a secret ballot election conducted under the auspices of the NLRB. In the event that the UE demands recognition, Broad would respectfully decline the UE’s request that Broadies be denied their right to express their views in an election. Broad seeks to protect everyone’s right to have their voice heard on this important issue that affects our culture and community.
What happens after a representation petition is filed with the NLRB?
After a petition is filed, the NLRB will initiate a preliminary investigation and assign an agent to the case. If possible, the parties may agree on the details for an election. Otherwise, an NLRB hearing officer will conduct an investigation and/or hearing and the file will be referred to the NLRB Regional Director to determine whether to dismiss the petition or allow a secret ballot election. In some cases, due to the recent NLRB decision noted above, the union may use signed authorization cards to force the establishment of a union at Broad without an election, even after a petition is filed, without any further input from employees.
When might an election take place?
If an election is held, under the NLRB rules, it will be set for the “earliest date practicable.” The timeline will vary from case to case.
What is the election process?
The election is conducted by secret ballot and supervised by the NLRB. Employees who are eligible to be in the proposed bargaining unit vote “yes” or “no” on the question of whether they want to be represented by the UE. There are two types of elections: (1) mail-in ballot elections, in which the voting is conducted by mail; and (2) in-person elections, in which the voting is held in person at an easily accessible location onsite, on a designated day, during specific hours, all under the supervision of NLRB representatives. The details of the election are either agreed to by the parties or set by order of the NLRB Regional Director.
Who should vote?
Every eligible employee should vote because the election outcome is determined by the majority of those who vote, not a majority of those eligible to vote. The NLRB considers eligible voters who do not participate in the election to have assented to the will of the majority of those voting.
How is it decided who 'wins' the election?
The election would be decided by a majority of votes cast. That is, if there are 100 eligible voters and only 10 participate in the election, the union would need a majority of 6 “yes” votes to win the election. That outcome would determine the result for all 100 employees in this hypothetical bargaining unit, as well as future employees.
If I don’t vote, am I essentially voting against the union?
Exactly the opposite. Not showing up reduces the threshold that’s needed for the vote to pass. Only eligible voters who show up and cast a ballot count towards the total. This means if Broadies who prefer not to have a union decide to ignore the issue and do not participate in the election, and supporters do vote, then a union becomes much more likely – and would affect the entire group.
If the union succeeds, how long will it remain at Broad?
When a union prevails in an election, the union normally remains in place indefinitely to represent all current and future members of the bargaining unit.
If the union succeeds, can it be “undone” later on?
Yes, but it can be very difficult. There is a decertification process to remove a union. The NLRB has many rules that make it difficult for employees to decertify a union. It resembles the election process in that it requires employees to collect enough signatures to file a decertification petition with the NLRB and request an election to end the relationship with the union. A decertification petition cannot be filed in the first year of the union’s certification.
If the union does not succeed in the election, can there be another election later on?
Yes, provided that a year has passed since the previous election.
Will Broad know how I voted in the election?
No. The election would be conducted by secret ballot. The NLRB oversees the election and counts votes. Neither the Broad nor the union would know how individuals voted – only the tally.
If I signed a union authorization card, do I have to vote in favor of the union in the election? What if I changed my mind?
Employees are free to cast a “yes” or “no” vote regardless of whether they signed an authorization card. Any employee in the proposed bargaining unit is eligible to vote whether they signed a card or not.
Related: Broadies' questions (and answers) about unions and the process as well as authorization cards.