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
- Go to the voting table, standing in line if necessary.
- 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 argue with the observers.
- After your name has been checked off, go to the Agent to obtain
your ballot.
- Go into the vacant voting booth. Mark 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.
- Put your ballot in the box yourself. Do not let anyone else
touch it.
- 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.
An observer or the NLRB representative can challenge an individual's
right to vote. This 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 to vote your free choice in a fair, honest,
secret-ballot election.
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.
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 clause requiring employees
to join the union.
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, such as described
on the next page, 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 elections 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 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
activity 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.
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