Operations In Fiscal Year 1988 - National Labor Relations Board

178 Fifty-Third Annual Report of the National Labor Relations BoardCaseA "case" is the general term used in referring to a charge or petition filed with theBoard. Each case is numbered and carries a letter designation indicating the type ofcase. See "Types of Cases."CertificationA certification of the results of an election is issued by the Regional Director or theBoard. If a union has been designated as the exclusive bargaining representative by amajority of the employees, a certification of representative is issued. If no union hasreceived a majority vote, a certification of results of election is issued.ChallengesThe parties to an NLRB election are entitled to challenge any voter. At the electionsite, the challenged ballots are segregated and not counted when other ballots aretallied. Most frequently, the tally of unchallenged ballots determines the election andthe challenged ballots are insufficient in number to affect the results of the election. Thechallenges in such a case are never resolved, and the certification is based on the tally of(unchallenged) ballots.When challenged ballots are determinative of the result, a determination as to whetheror not they are to be counted rests with the Regional Director in the first instance,subject to possible appeal to the Board. Often, however, the "determinative" challengesare resolved informally by the parties by mutual agreement. No record is kept ofnondeterminative challenges or determinative challenges which are resolved by agreementprior to issuance of the first tally of ballots.ChargeA document filed by an employee, an employer, a union, or an individual alleging thatan unfair labor practice has been committed. See "C Case" under "Types of Cases."ComplaintThe document which initiates "formal" proceedings in an unfair labor practice case. Itis issued by the Regional Director when he or she concludes on the basis of acompleted investigation that any of the allegations contained in the charge have meritand adjustment or settlement has not been achieved by the parties. The complaint setsforth all allegations and information necessary to bring a case to hearing before anadministrative law judge pursuant to due process of law. The complaint contains anotice of hearing, specifying the time and place of hearing.Election, RunoffAn election conducted by the Regional Director after an initial election, having threeor more choices on the ballot, has turned out to be inconclusive (none of the choicesreceiving a majority of the valid votes cast). The Regional Director conducts the runoffelection between the choices on the original ballot which received the highest and thenext highest number of votes.Election, StipulatedAn election held by the Regional Director pursuant to an agreement signed by all theparties concerned. The agreement provides for the waiving of hearing and the establishmentof the appropriate unit by mutual consent. Postelection rulings are made by theBoard.Eligible VotersEmployees within an appropriate bargaining unit who were employed as of a fixed dateprior to an election, or are otherwise qualified to vote under the Board's eligibilityrules.