Blocking Charges Are Rigging the Election

According to former Board Member Marvin Kaplan, after eight years on the NLRB and more than 900 decisions, one thing still nags him: blocking charges. Me too.

When employees want a union, the Board moves fast to capture sentiment. When they want to remove one, a union files charges and the vote disappears for months or years.

That’s a one-way street. The Act protects a two-way street.

This is a common theme: at Scott Brothers Dairy, workers waited nearly a year to vote. When ballots were finally counted, they ended representation. At Jonna Corporation in 2024, drivers’ votes were discarded without ever being counted — no hearing, just an administrative call.

Former Member Kaplan says the current Board can fix blocking charges and make decertification elections as quick as certification elections. I say the current Board must do this.

End merit-determination dismissals. Let employees vote immediately. Put impoundment decisions at the Board level. Impose deadlines.