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  • 13. Dezember 2020

    Nlrb Stipulated Election Agreement

    The employer generally has to address these issues before the scheduled election; it cannot subsequently refuse to negotiate the theory that the device is not suitable because it was not made in time. On the other hand, this rule does not prevent the employer from later challenging the vote of a single worker on the grounds that he is not a worker within the meaning of the law, as is the case, for example, in the case of a supervisor. The National Labor Relations Board, an agency within the U.S. government, was established in 1935 as part of the National Labor Relations Act. One of the main tasks of the NLRB is to hold elections that allow workers to vote on whether they want to be represented by a particular union. Congress amended the 1947 Act by the Taft-Hartley Act to allow workers to de-identify an already recognized or certified union. This article describes in a very synthetic way the procedures of the NRB for holding such elections, as well as the circumstances in which a union can obtain the right to represent a group of workers without election. It is legitimate for an employer to recognize a union without going through a choice made by the NLRB, as long as the union of more than half of the employees of the collective agreement unit has received assistance. However, this evidence cannot be valid if the employer has provided illegitimate assistance to the union in collecting these cards or if another union has filed a petition to represent these workers before the employer grants recognition. So far, trade unions have won postal elections in 2020 at the same rate as in people`s elections. According to an October 16 Bloomberg report, unions won seven out of 10 National Labor Relations Board (NLRB) elections, whether the election was held by mail or in person (manually).

    The results were equivalent to those of the 2015-2019 elections. Regarding the turnout in 2020, 69.1% took part in postal voting, while more voters voted for manual elections with 74.8%. This number of participants was delayed in the 2015-2019 election average for mail-in and manual elections, in which 78.2% of voters voted. Another administrative amendment coincided with the participation in Midland (above) and the board`s requirement to refer to board oversight in the event of a spoiled choice. However, through all these diametric operations, the Commission has never denied its responsibility for maintaining „laboratory conditions“; Instead, it was hesitant as to the extent to which these conditions would reflect the real world of worker representation elections.


    Verfasst von Stefan Oberhauser

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