Federal Watch

NLRB says solicitation of mail ballots is objectionable election conduct. In a unanimous decision on June 9, the National Labor Relations Board (NLRB) held that the solicitation of mail ballots constitutes objectionable conduct in a Board union representation election. In Professional Transportation, Inc., the NLRB held that an election would be set aside based on such conduct if the evidence showed that ballot solicitation affected a determinative number of votes. Dissenting in part, member William Emanuel favored setting aside elections whenever a party is shown to have solicited mail ballots, regardless of how many voters are affected. Applying the new rule retroactively, the Board declined to set aside the election. It found that although the employer may be able to show the union solicited the mail ballot of at least one employee, at most it would be able to establish that the solicitation affected two voters. Therefore, the solicitation could not have affected the outcome of the election. Read More...