The rule specifically provides that parties shall not use the list for purposes other than the representation proceeding, Board proceedings arising from it and related matters. For instance, parties may use the personal contact information included in the list to campaign and communicate with employees about the election, to investigate eligibility issues and/or objections, and to prepare for a post-election hearing on determinative challenges and/or objections or a unit clarification proceeding over unresolved eligibility or inclusion issues that were not determinative of the results of the election. Parties may also use this information to investigate and prepare for a hearing on unfair labor practice charges involving the employer’s employees filed before or after the election. If post-election objections are filed, a union (or decertification petitioner) can use the list to maintain their support and campaign for votes on any rerun election that may be held. Some examples of misuse of the list are (1) selling the list to telemarketers, (2) providing it to a political campaign, or (3) using the list to harass, coerce, or rob employees.
How can a party bring to the region’s attention an allegation of misuse of personal contact information included in the voter list?
A party alleging misuse of personal contact information included in the voter list may decide to file objections to the election or an unfair labor practice charge. A party may also seek to have an attorney or other representative disciplined for engaging in misconduct by failing to abide by the Board’s rule concerning the use of this information (See §102.177 of the Board’s Rules).