Any employer, employee or union is allowed, under the National Labour Relational Act (NLRB), to file a petition requesting a secret ballot election. In the case of employees and unions, at least thirty percent of the employees should sign a petition or authorization cards ( Mayer, 2007 ). On the other hand, the employer does not need to present an explanation for initiating an election. The employer may file a petition if a union has claimed to represent more than half of the workers and had requested to bargain with the employer. If such conditions are met, then the election may proceed in the manner described in the following discussion.
Once a petition has been filed requesting an election, the union and the employer settle on the date and venue for the election as well as the individuals that would constitute the bargaining unit. The time of the elections is usually easy to decide, with many employers and unions showing a preference for voting thirty to sixty days after the NLRB direct an election ( Mayer, 2007 ). Also, both parties often settle for the employer’s place of work to be the venue. If the parties fail to arrive at an agreement, a hearing is conducted in the regional NLRB office. In most cases, the director in such an office directs that an election be held; regardless, this decision may still be appealed to the Board.
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Elections are mostly manual, meaning; participants have to show up at the polling station physically. In particular cases, the NLRB allows mail ballots to be delivered ( Mayer, 2007 ). The notices of the election are issued no less than three working days before the day of the election.
Both the employer and union are permitted to challenge the right of particular individuals to participate in the election process. It follows that there may arise a situation whereby the number of disputed ballots may have an effect on the outcome of the election. In such a case, the director decides whether the votes should be considered during counting. Such a decision may also be appealed to the Board ( Mayer, 2007 ).
References
Mayer, G. (2007). Labor Union Recognition Procedures: Use of Secret Ballots and Card Checks.
