New Data: NLRB Process Fails to Ensure a Fair Vote

Source: John Logan, Erin Johansson, and Ryan Lamare, University Of California, Berkeley Center For Labor Research And Education, June 2011

The National Labor Relations Board (NLRB) is mandated by the National Labor Relations Act (NLRA) to protect the rights of employees to form unions and collectively bargain. One key role of the NLRB is to oversee representation elections, where workers decide whether or not to form unions. Several recent studies have indicated that the current NLRB election process fails to ensure that workers can freely form unions.

Our new analysis of NLRB election data reveals how current NLRB procedures, which grant employers significant control over the timing of the election process, can prevent workers from fairly choosing whether or not to have union representation. Our key findings include the following:
– The current NLRB election process allows significant delays in the vote.
– Delayed elections exacerbate the problem of unfair labor practices.
– Anti-union campaigns begin early in the election process.

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