The National Labor Relations Board Voting Study: A Preliminary Report

Abstract

THE National Labor Relations Act provides that if a majority of employees choose union representation, the union shall serve as the exclusive bargaining agent for all employees in the unit.1 The decision concerning union representation is typically made in an election preceded by a campaign in which the union tries to induce the employees to vote for representation and the employer tries to induce them to vote against it. The Labor Board, which conducts the election, has devised elaborate and complicated rules governing campaign behavior, particularly of employers. Because of the number, complexity, and significance of the Board's rules, it is common for the losing party to file objections to the election. In fiscal 1970, objections were filed in 1207 of 8437 elections conducted.2 Each objection, whether or not meritorious, involves considerable investigation, frequently a hearing, a written report, sometimes an appeal to the Board and sometimes a court case challenging the Board's decision. The cost of administering such a system--the expenditure of time, money and personnel by the government, by the union, and by the employer-is substantial. Moreover, although the normal remedy for a violation of the Board's campaign rules is an election rerun, if the Board deems the violation sufficiently serious it can order the employer to recognize and bargain with the union even though the union lost the election.3 Thus the Board's rules concerning the assumed impact of certain types of campaign tactics are of great significance to employers and unions.