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Union Elections

Click here for the NLRB election petition form. (PDF file)

Why is bargaining unit determination so important?

	Voter eligibility
	Union jurisdiction
	Ultimate collective bargaining strength

The union should (a) seek the largest unit it is capable of winning, and (b) avoid multiple units in close proximity in order to avoid whipsawing in future negotiations. If the employer protests the appropriateness of a proposed unit, it will have to show that the proposed unit is not appropriate. The burden is not on the union to establish its unit as the most appropriate. The employees in the bargaining unit must share a community of interest.

Primary factors in determining community of interest

	Distinctiveness or integration of employees into overall workforce
	Bargaining history in industry or between parties
	Common supervision similarity of duties skills interests wages and working conditions
	Organizational structure of the employer
	Degree of centralized control over personnel policies
	Desires of employees

Construction industry voter eligibility
The employee must have worked for same employer 30 days in last year or some employment totaling 45 days or more in last 2 years.

Conditions that prevent an election

	Certification bar
	Election bar

Another union has a right to intervene in an election.
If seeking a different unit - 30% rule applies
If seeking the same unit - 1 signed card
The right to participation in election hearings - 10% of cards signed