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The union that entered the contract with the employer otter colorful poster is no longer in existence or is unable or unwilling to represent the employees. At most private employers, workers make the choice through elections overseen by the National Labor Relations Board.

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Any party may file objections and an offer of proof in support of its objections with the appropriate Regional Director within 7 days of the vote count. otter colorful poster In turn, except where the parties have agreed otherwise, the Regional Director’s ruling on objections may be appealed to the Board in Washington. Results of an election will be set aside if conduct by the employer or the union created an atmosphere of confusion or fear of reprisals and thus interfered with the employees’ freedom of choice. When a union is already in place, a competing union may file an election petition if the labor contract has expired or is about to expire, and it can show interest by at least 30% of the employees.

This would normally result in a three-way election, with the choices being the incumbent labor union, the challenging one, and “none.” If none of the three receives a majority vote, a runoff will be conducted between the top two vote-getters. Typically, elections are held on the earliest practicable date after a Director’s order or authorization, which will vary from case to case. However, an election may be postponed if a party requests to block the petition based on charges alleging conduct that would interfere with employee free choice in the election, such as threatening loss of jobs or benefits by an employer or a union, granting promotions, pay raises, or other benefits to influence the vote. When an election is scheduled, the Employer is required to post a Notice of Election which will replace the previously posted Notice of Petition for Election.