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Is it too late to call for a union election?

by on
in Employment Law,HR Management,Human Resources

Q. Someone from outside our company approached our HR vice president wishing to discuss a “personnel matter.” During the meeting, he presented the vice president with a set of union authorization cards signed by over half of the company’s employees. As the vice president flipped through the authorization cards, the individual stated that he is a union business agent and that his union represents a majority of an appropriate bargaining unit at the company. Are our employees entitled to an election to determine if they will be represented by the union?

A
. Probably not. Union representation is likely a done deal.

An election is provided under the National Labor Relations Act only to resolve questions concerning representation.

Since the vice president reviewed the authorization cards, which apparently were signed by more than half of the company’s employees, the union will argue that no issues concerning representation exist and that the company is now obligated to bargain with the union over wages and working conditions.

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