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Will the challenge procedure be used when the number of employees at issue is 10% or less, but the issue is one of unit scope rather than eligibility?


The regional director, in addressing whether a question concerning representation exists, must determine the appropriate unit in which an election might be directed.  A necessary element of this process will be determining the scope of the unit; that is, whether the unit will involve single or multiple facilities or employers.  The challenge procedure will not be used in addressing unit scope issues, but may be used in certain circumstances to defer to the post-election process individuals’ eligibility or inclusion in the unit, if necessary.

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