Define: Representation Election

Representation Election
Representation Election
Quick Summary of Representation Election

The National Labor Relations Board organizes a representation election where a group of workers vote to determine if they desire a specific union to represent them in negotiations with their employer.

Full Definition Of Representation Election

A representation election is conducted by the National Labor Relations Board to determine if a specific union will represent employees in a bargaining unit. This election is used to determine which union will be the sole representative of the employees in collective bargaining with their employer. For instance, if a group of factory workers wishes to establish a union, they can request the National Labor Relations Board to hold a representation election. The purpose of this election is to determine if the employees want the union to represent them in collective bargaining with their employer. Another scenario where a representation election occurs is when a union aims to replace an existing union as the exclusive representative of a group of employees. In such cases, the National Labor Relations Board will hold an election to determine if the employees prefer to be represented by the new union or maintain their representation with the current union.

Representation Election FAQ'S

A representation election is a legal process in which employees vote to determine whether they want to be represented by a union for collective bargaining purposes.

Employees who are eligible to vote in the election are those who are included in the proposed bargaining unit and who have not been excluded by the National Labor Relations Board (NLRB).

The bargaining unit is determined by the NLRB based on factors such as job duties, work location, and community of interest among the employees.

A petition for a representation election can be filed by a union, an employer, or a group of employees.

The timeline for a representation election varies depending on the specific circumstances of the case, but typically ranges from several weeks to several months.

If the union wins the representation election, it becomes the exclusive bargaining representative for the employees in the bargaining unit.

If the union loses the representation election, it cannot represent the employees in the bargaining unit for at least one year.

No, it is illegal for an employer to interfere with a representation election or to coerce or intimidate employees in their exercise of their right to vote.

No, it is illegal for an employer to retaliate against an employee for supporting a union in a representation election.

Yes, a representation election can be challenged if there are allegations of unfair labor practices or other irregularities in the election process.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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