YOUR GOVERNMENT CONDUCTS an ELECTION

For you--on the job

Information for Voters in NLRB Elections

Prepared by the NATIONAL LABOR RELATIONS BOARD
an agency of the UNITED STATES GOVERNMENT

General Information

Prior to any election conducted by the NLRB there will be posted at the place of your work a Notice of Election issued by the NLRB to inform you of:

• The date, hours, and place of the election
• The payroll period for voter eligibility
• A description of the voting unit of employees
• General rules as to conduct of elections.

There is a sample ballot on the Notice of Election which, except for color, is a reproduction of the ballot you will receive when you vote.

You should read the Notice of Election so that you will be familiar with the ballot.

The Voting Place

In the voting place will be a table, a voting booth, and a ballot box. At the table there will be observers for the union and the employer and a representative of the NLRB, each of whom will be wearing an official badge. The observers' badges will have "Observer" on them. The NLRB representative will wear an "Agent" badge.

The Agent is in charge of the election. If you have questions, talk only with the Agent.

The Voting Procedure

Step 1  Go to the voting table, stand in line if necessary.

Step 2  Give your name, and clock number if you have one, to the observers. The observers will find your name on the voting list and tell the Agent your name has been found. If any questions are asked, talk only with the Agent. Do not speak with the observers.

Step 3  After your name has been checked off, go to the Agent to obtain your ballot.

Step 4  Go into the vacant voting booth. Mark your selection on the ballot with one X only. Do not sign the ballot. Fold the ballot to hide the mark and leave the voting booth taking your ballot with you.

Step 5  Put your ballot in the ballot box yourself. Do not let anyone else touch it.

Step 6  Leave the polling place.

You will notice that only the Agent handled the blank ballots and only you handled your marked ballot. Once your marked ballot is in the ballot box it becomes mixed with all other ballots in the box and cannot be identified. No one can determine how you have voted.

Challenged Ballots

Questions sometimes arise about eligibility of certain persons. Any observer or the NLRB representative can challenge, however, must be for good cause and not for personal reasons; for example, a name may not appear on the eligibility list because of a clerical error.

If your vote is challenged, take your ballot into the booth, mark it, fold it to keep the mark secret, and return to the voting table. The Agent will give you a challenged ballot envelope on the stub of which are written your name and clock number and the reason for the challenge. You put the ballot in the envelope. You seal the envelope, and you deposit it in the ballot box.

You will note that while your name is on the stub of the envelope it is not on the ballot.

Secrecy of your vote is maintained because if challenged ballots must be counted and if later investigation reveals challenged voters are eligible to vote, the stub containing the name and clock number of the individual voter is first torn off and discarded. All challenged ballot envelopes are then mixed together. The ballots are then removed and counted by the Board Agent. By this method secrecy is maintained.

Rights of Employees

You are entitled by federal law to vote your free choice in a fair, honest, secret-ballot election to determine whether employees want union representation.

The National Labor Relations Board is the agency of the United States Government which protects that right as well as other important rights guaranteed by the National Labor Relations Act of 1935.

Under Section 7 of the National Labor Relations Act, employees have the right:

• To self-organization.
• To form, join, or assist labor organizations.
• To bargain collectively through representatives of their own choosing.
• To act together for the purposes of collective bargaining or other mutual aid or protection.
• To refuse to do any or all of these things. However, the union and employer, in a State where such agreements are permitted, may enter into a lawful union-security agreement requiring employees to pay periodic dues and initiation fees. Nonmembers who inform the union that they object to the use of their payments for nonrepresentational purposes may be required to pay only their share of the union's costs of representational activities (such as collective bargaining, contract administrative, and grievance adjustment).

The National Labor Relations Board wants all eligible voters to be familiar with their rights under the law and wants both employers and unions to know what is expected of them when it holds an election.

When an election is held, the Board protects your right to a free choice under the law. Improper conduct will not be permitted. We expect all parties to Board elections to cooperate fully with this Agency in maintaining basic principles of a fair election as expressed by law. The National Labor Relations Board as an agent of the United States Government does not endorse any choice in the election.

Protection of Your Rights

The Board applies rules to keep its election fair and honest. If agents of either unions or employers interfere with your right to a free, fair, and honest election, the election can be set aside by the Board. Where appropriate the Board provides other remedies, such as reinstatement for employees fired for exercising their rights, including backpay from the party responsible for their discharge.

The following are examples of conduct which interfere with the rights of employees and may result in the setting aside of the election:

• Threatening loss of jobs or benefits by an employer or a union.
• Promising or granting promotions, pay raises, or other benefits, to influence an employee's vote by a party capable of carrying out such promises.
• An employer firing employees to discourage or encourage union activitiy or a union causing them to be fired to encourage union activity.
• Making campaign speeches to assembled groups of employees on company time within the 24-hour period before the election.
• Incitement by either an employer or a union of racial or religious prejudice by inflammatory appeals.
• Threatening physical force or violence to employees by a union or an employer to influence their votes.

The National Labor Relations Board protects your right to a fair election and a free choice

The National Labor Relations Board is a public service agency and welcomes visits to its offices for information. For more information, see the NLRB website: www.nlrb.gov

MAIN OFFICE: Washington, DC 20570-0001
1099 14th Street, N.W., Telephone (202) 273-1000

Field Offices of NLRB:

Albany, NY 12207-2350
Albuquerque, NM 87102-2181
Anchorage, AK 99513-3546
Atlanta, GA 30323-3301
Baltimore, MD 21202-4026
Birmingham, AL 35203-3502
Boston, MA 02222-1072
Brooklyn, NY 11201-4201
Buffalo, NY 14202-2387
Chicago, IL 60606-5208
Cincinnati, OH 45202-3271
Cleveland, OH 44199-2086
Denver, CO 80202-5433
Des Moines, IA 50309-2116
Detroit, MI 48226-2569
Fort Worth, TX 76102-6178
Grand Rapids, MI 49503-3022
Hartford, CT 06103-3599
Hato Rey, PR 00918-1720
Honolulu, HI 96850-4980
Houston, TX 77002-2649
Indianapolis, IN 46204-1577
Jacksonville, FL 32202-4412
Las Vegas, NV 89101-6637
Little Rock, AR 72201-3489
Los Angeles, CA 90017-5455
Los Angeles, CA 90024-3682
Memphis, TN 38104-3627
Miami, FL 33130-1608
Milwaukee, WI 53203-2211
Minneapolis, MN 55401-2291
Nashville, TN 37203-3816
Newark, NJ 07102-2570
New Orleans, LA 70112-3723
New York, NY 10278-0104
Oakland, CA 94612-5211
Overland Park, KS 66212-4677
Peoria, IL 61602-1246
Philadelphia, PA 19106-4404
Phoenix, AZ 85004-2212
Pittsburgh, PA 15222-4173
Portland, OR 97201-6604
St. Louis, MO 63103-2829
San Antonio, TX 78205-2040
San Diego, CA 92101-2939
San Francisco, CA 94103-1735
Seattle, WA 98174-1078
Tampa, FL 33602-5824
Tulsa, OK 74127-8916
Washington, DC 20570-0001
Winston-Salem, NC 27106-3325

July 2000