Respond to a Union Representation Petition
When to Use This Flowchart
Use this Respond to a Union Representation Petition flowchart to determine how to respond to a union's petition to unionize a group of employees in the workplace. The flowchart also assists an employer in preparing for a union representation election in the event the petition is not dismissed by the National Labor Relations Board (NLRB).
Under the National Labor Relations Act (NLRA), a union organization or employee(s) has the right to file a petition with the NLRB in order to form a bargaining unit (union) in a workplace. Under the rules established by the NLRB, the employer must adhere to a tight and strict procedural timeline in order to properly respond to a union petition. In addition, an employer is required to take certain steps when confronted with a union representation election.
This flowchart is a valuable tool for an employer to ensure that it takes the necessary steps during the process. Following the steps in the flowchart will enable an employer to respond to a union petition in a lawful and timely manner as well as help an employer understand its rights and responsibilities.
Key Steps
- Review Notice of Petition for Election and related forms.
- Post and distribute Notice of Petition for Election to employees.
- File Statement of Position and voter list.
- Participate in pre-election hearing.
- Post and distribute the Notice of Election to employees.
- Participate in secret ballot election.