THE
SECRET BALLOT ELECTION PROCESS
The Public Employees Relations Commission (PERC) or the National Labor
Relations Board (NLRB) oversee the conduct of a Union representation
election.
Authorization cards are filed with PERC/NLRB to determine if there has
been a sufficient showing of interest. The Union must present cards from a
minimum of 30% of the anticipated bargaining unit.
PERC/NLRB verifies the showing of interest and in approximately 10 days
will hold a hearing with the employer and the union to decide an election
date, time and place and which group(s) of employees will be eligible to
vote.
The usual election date
is 4 to 6 weeks after the hearing.
The employer is required
by PERC/NLRB to provide the names and addresses of all employees in the
classifications eligible to vote. Both the union and the employer conduct
their campaigns over the 4-to 6-week period before the election.
On Election Day, PERC/NLRB
will conduct the election usually at your facility. All eligible voters
will be allowed to vote.
At the close of the
polls, PERC/NLRB will count the votes right at your worksite. All
employees are welcome to attend the vote count.
If 50 percent plus one
(50% + 1) or a simple majority of those voting, vote in favor of the
union, the Union wins the election.
Shortly after the
election, PERC/NLRB will certify the Union as the collective bargaining
representative.
Or, an employer may grant
"voluntary recognition" with an authorization card count, conducted by an
impartial third party.
WHEN CAN I SIGN UP MY COLLEAGUES AND/OR DISCUSS THE UNION WITH
THEM?
You may sign up fellow employees before work, after work, on lunch
breaks and other breaks only. You may not use work time for
union business or discussions. You should not talk about the
union in work areas and not while you are working or
the person you are talking to is working. However, you can
talk to you colleagues about the Union in staff lounges, break rooms,
cafeterias, and other common areas.