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ARTICLE · 23 FEBRUARY 2012

Full Details On Union Election Rules

The purpose of a pre-election hearing is to determine if a question of representation exists (i.e. whether a secret ballot election should be held) and not to determine questions of voter eligibility which can be resolved after an election is held.

United StatesEmployment and HR

Originally published January 9, 2012

Please click here to view the related article: NLRB Rings In The New Year: Union Election Rules And Recess Appointments

The final rule concerning union representation elections, passed by the NLRB on December 22, 2011 and scheduled to take effect on April 30, 2012, provides that Board regulations are amended to state as follows:

  • The purpose of a pre-election hearing is to determine if a question of representation exists (i.e. whether a secret ballot election should be held) and not to determine questions of voter eligibility which can be resolved after an election is held. As such, hearing officers are given authority to limit the presentation of evidence in pre-election hearings;

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