Section 19 Procedure

• Library: Employer-Employee Law 2008

A union may initiate an organizing campaign among employees at any time. But the National Labor Relations Board (NLRB or Board) will not conduct an election within 12 months following a valid election, and other rules may bar an election. Though organizational campaigns are commonly run by a national union, no particular form of organization is required. See National Labor Relations Act (NLRA) (29 U.S.C. §§ 151 et seq.) § 2(5), 29 U.S.C. § 152(5). For example, a group of employees may band together to form their own labor organization without benefit of any formal structure.

The union has no duty to notify an employer that an organizing campaign is under way, and many campaigns are kept secret until a sufficient showing of interest is obtained to petition for a Board-conducted election. A petition is filed with the regional director, and it must be supported by 30% of the employees in an appropriate unit. Usually, this support is in the form of “authorization cards.” No particular form is required, but the cards must be signed by the individual employees and must be dated.

The cards are submitted to the regional office for verification, either with or shortly after the filing of the petition. An employer has no right to see these cards during the representation process. The employer is routinely asked to submit a list of names of employees in the appropriate unit to check the showing of interest. In some cases, employers submit photostats of employee signatures for further verification. A determination of the sufficiency of the showing of interest is made administratively, and the employer has no right to participate. The employer may submit information on this question to the regional office for the region’s use.

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