Labor Law Reform: The Regulation of Free Speech and Equal Access in NLRB Representation Elections
Editors, · University of Pennsylvania Law Review · 1979
A question of representation exists when the petitioner supplies evidence that at least 30% of the eligible employees in the unit desire to be represented by the petitioner.29 C.F.R. § 101.18 (1977).Once an election is scheduled, employees vote by secret ballot whether or not to accept union representation.If a majority of employees vote in favor of a particular union, it will become the exclusive representative of the employees in that unit.On the other hand, if the employees reject union representation, another election cannot be held in the same unit for at least a year.National Labor Relations Act § §9(a) & 9(c)(3), 29 U.S.C. § §159(a) & 159(c)(3) (1976).For general discussion of representation elections, see J. GET-