Skip to content

You are here

If supervisory status is not resolved before the election, won’t that affect the parties campaigning before the election?

The parties have never had an absolute right to have all eligibility or inclusion issues determined prior to an election. Although parties had the right to raise and litigate such issues, the Board and reviewing courts have made clear that those issues did not always have to be resolved by the regional director or the Board.  In fact, it was not unusual for the resolution of those issues to be deferred to the post-election stage by regional directors and/or the Board before the enactment of the Board’s revised rules. In practice, parties will continue to have to use their best judgment in deciding whether or not to use alleged supervisors in their campaigns (including gathering authorization cards) long before a regional director would be able to make an initial attempt to resolve their status following a pre-election hearing.

Connect with Us