Employers are Often Surprised Who Can Vote in Union Elections

Before a union election can occur, the National Labor Relations Board sets a voter eligibility cutoff date. Workers employed (or who have an expectation of returning to work) on that date can vote. But what happens when the election is delayed 7 months and the pool of voters, i.e. workforce, dramatically changes? The original cutoff…
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Minor Employer Misconduct During Organizing Campaign Nullifies Company’s Victory

Intertape Polymer Corporation won a union election 142 – 97. However, because of its seemingly innocuous conduct during the union organizing drive, the National Labor Relations Board nullified the victory and ordered a re-run election. At least the Board didn’t order a Gissel bargaining order, which sidesteps an election and orders the parties to immediately…
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Setting Aside Representation Elections because of Misrepresentations

The National Labor Relations Board has the power to set aside a representation election if certain behavior by the parties warrants that action. When there is deliberate misrepresentation by the union or the employer about the material facts and the other party has no opportunity to reply, the election will be set aside. The reason…
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Temporary Staffing Company Employees Unionize

The first – though not last – time this happened was in June, and I’m just now getting around to blogging about it. No excuse. The National Labor Relations Board decided that workers supplied by a temporary staffing agency to clients on a short-term project basis were employees of the staffing firm and constituted a…
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Authorization Cards are Awfully Tricky

Authorization cards are small cards signed by employees authorizing the union to act on behalf of the employee even though that employee is not a member of the union. These cards are contracts and cannot be undone. When enough authorization cards are signed (no matter what the employee was told to get his signature on…
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Micro Bargaining Units

  As appeared in the Human Resource Association of Central Ohio (HRACO) monthly newsletter   Micro Bargaining Units: Prepare to Manage Multiple Union Contracts Women’s shoes, long the topic of conversation in break rooms, are now being discussed in board rooms. Corporate executives and human resource personnel alike are holding meetings to talk about high-end…
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