Representation Cases
What To Expect When A Petition Is Filed
- We will send
all parties to the case a copy of the petition. Most petitions seek to have the
NLRB conduct a secret-ballot representation election.
- We will
investigate any issues which are necessary to resolve before an election can be
conducted. Where appropriate, we will explain the issues raised in the case. We
may ask the parties to submit their legal arguments.
- Some
petitions may be dismissed. However, where an election is appropriate, we will
attempt to get all parties to agree to a voluntary election. We have been
successful in achieving election agreements 80 percent of the time.
- Where an
election is appropriate, we attempt to schedule the election as soon as
practicable, normally within 6 to 8 weeks after the petition has been filed.
- If all
parties do not agree to an election, we will issue a Notice of Hearing in order
to resolve necessary issues.
- The hearing
will be before an NLRB Hearing Officer. All parties may present relevant
evidence relating to issues which must be resolved before an election can be
conducted.
- After the
hearing, the NLRB Regional Director will issue a written decision as promptly as
possible allowing for thorough and complete consideration of all of the evidence
and issues. The time it takes to issue a decision may depend upon the length of
the hearing, complexity of issues, and office workload. From the time a petition
is first filed, you should expect a regional decision after hearing normally
within 45 days. A party may request review of the Regional Director's decision
by the Board in Washington, DC.
- From the
time a regional decision after hearing issues, the parties should expect that an
election normally will be conducted, if appropriate, within 25 to 30 days.
- Where an
election is appropriate, we will conduct a secret-ballot election in such a
manner so as to provide the eligible employees in the appropriate
collective-bargaining unit an opportunity to cast their ballot.
- If there are
determinative challenged ballots or election objections, we will investigate,
and/or conduct a hearing on, the challenges and objections and issue a written
report. We may ask the parties to produce witnesses, evidence, and legal
arguments.
- From time
that challenges and/or objections to the election are filed, if no hearing is
held, the parties should expect a regional report or supplemental decision
normally within 35 days. If a hearing is held, the parties should expect a
regional report or supplemental decision normally within 85 days.
- Following
the election and the resolution of any determinative challenged ballots and/or
objections, we will certify that a union is, or is not, the
collective-bargaining representative of the employees in the voting unit.
What We Are Doing To Improve Our Services
- We have
surveyed our customers to determine their views on what needs to be improved and
what we might do to improve.
- We have
revised the Board's rules to reduce the time necessary to process directed
elections, and to provide the parties with clearer guidance as to how the Board
will decide issues which frequently come up.
- We have
revised our internal procedures so that hearings are held more promptly.
- When one of
our offices falls behind in case processing, we may reassign some cases to
another NLRB Office and we may temporarily transfer NLRB employees to help
reduce the backlog.
- We are
continuing to examine additional ways to improve our performance at all stages
of case processing.
- We welcome
your comment about the services we provide. You may contact us at the address
below.
WHENEVER YOU CONTACT THE NATIONAL LABOR RELATIONS BOARD
- We will
treat you courteously.
- We will
attempt to answer your questions about the case, consistent with the
confidentiality rights of other persons and the Privacy Act.
- If
necessary, we will provide bilingual services if we are given sufficient notice
of that need.
- We will
provide the same treatment to all persons regardless of race, sex, religion,
national origin, age, political affiliation, sexual orientation, or disability.
- Our
facilities are accessible to persons with disabilities. We will attempt to
accommodate persons with disabilities. Please let us know if you will need
accommodation.
- If you wish,
you may be represented by an attorney or other representative of your own
choice.
QUESTIONS, COMPLAINTS AND COMMENTS ABOUT OUR SERVICE
Please address any comments you may have about our services or
about the information in this pamphlet by mail or e-mail to one of our office
locations.
The headquarters address is:
NLRB - Division of Information
1099 14th St., NW, Room
9400
Washington, DC 20570-0001
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