Mail Ballots—Timing Is Everything

Abstract

The intent of elections under the National Labor Relations Act is to allow employees the opportunity to choose for themselves whether to be represented for purposes of collective bargaining. Before 2020, such elections were generally simple. On a particular day and at a particular time, employees would appear at a balloting location—usually the workplace—and cast their secret ballots. The pandemic accelerated the use of mail ballots in an effort to meet the same goal. However, as many of us are too painfully aware, the U.S. Postal Service is occasionally less than efficient in getting mail from point A to point B. What happens when that mail contains time‐sensitive mail ballots? According to the National Labor Relations Board in CenTrio Energy South LLC, 371 NLRB No. 94 (2022), nothing happens. The employees are left out of luck.