A majority of those who actually vote decide the election. If workers who oppose the union fail to vote it is equivalent to voting for the union.
If the union wins, it will represent all unit employees and workers cannot opt out of any contract the union negotiates with your employer.
The union or your employer may run an election campaign urging you to vote for or against the union. Section 7 of the National Labor Relations Act protects your right to also speak with your fellow employees. You have the right to campaign in nonworking areas on company property during nonworking time and to encourage your fellow employees to vote.
Carefully read the Notice of Election that your employer will post and may send you electronically. If the election is manual that Notice will tell you when and where to vote. If the election is by mail ballot, that Notice will tell you when your ballot will be mailed to you, when you must return it to the Board, and when the ballots will be counted.
If the election is by mail ballot, it is objectionable conduct for any person to offer to collect a worker’s ballot, collect a ballot for mailing or otherwise handle workers’ ballots, which may warrant setting aside the election. It also is objectionable for union or employer agents to try to coerce or intimidate workers into voting for their side. You should be vigilant as to whether any such conduct occurs and, if it does, can request the assistance of Foundation staff attorneys.
MAIL BALLOT ELECTION STEPS
1. When you receive a packet from the NLRB, open it immediately. You should see 4 things:
- An instruction page
- A ballot
- A blue envelope and
- A yellow envelope.
2. Locate the ballot and place an “X” in the box of your choice. Do not write anything else on the ballot. If you write anything other than the “X”, your vote will not be counted.
3. Fold up the ballot, place it in the blue envelope and seal the blue envelope. Do not write on the blue envelope. If you write on the blue envelope, your vote will not be counted.
4. Place the blue envelope inside the yellow envelope and seal the yellow envelope.
5. Locate the signature block on the yellow envelope and sign your name like you would sign any other official document.
6. Place the yellow envelope in the mail. You do not need to put a stamp on it—the postage is prepaid.
