If you wish to form or join a union, or decertify an existing union, you may file an election petition. You can find petition forms here. Please contact an information officer at your nearest Regional Office for assistance.
Every year, thousands of petitions are filed in NLRB regional offices by employees, unions and employers for secret ballot elections to determine whether a majority of employees want to form or join a union, or to decertify an existing union. In the case of a representation election, Board agents first determine whether the unit of employees is appropriate and ensure that at least 30 percent of employees in that unit have signed the petition. About one-third of petitions are withdrawn or dismissed during this process. Click here for charts and data on representation elections.
In cases that proceed, elections may be conducted in workplace settings, or by mail or other means. Usually, election logistics are set by agreement of the parties, but if they cannot agree, the Regional Director may set them. Representation and decertification elections are decided by a majority of votes cast.
Observers from all parties may choose to be present when ballots are counted. After any disputed ballots, challenges, or other objections are investigated and resolved, the NLRB will certify that a union is, or is not, the collective bargaining representative of the employees.
Alternate path to union representation:
In addition to NLRB-conducted elections, federal law provides employees a second path to choose a representative: They may persuade an employer to voluntarily recognize a union after showing majority support by signed authorization cards or other means. These agreements are made outside the NLRB process. If a union is voluntarily recognized, its status as bargaining representative cannot be challenged during a reasonable period for bargaining, which the Board defines as not less than six months (and not more than one year) after the parties’ first bargaining session.
Office of Representation Appeals:
Reviews of election-related decisions, including dismissals of petitions and post-election decisions by Regional Directors, are handled by the Office of Representation Appeals in Washington, D.C. Requests must be filed within two weeks of the Regional Director’s decision. Each case is assigned to an attorney and a supervisor for a review of the case, which is then presented to the Board. The Board may deny review or grant review of the decision. If the Board grants review, the parties may file additional briefs on review. The office handles approximately 155 representation cases per year.
For a list of all NLRB elections by month, please see our Election Reports.
For further information or for help in filing a petition, please contact an information officer at your nearest NLRB office.
