HRM textbook

506 PART 5 EMPLOYEE RELATIONS
FIGURE 15-3 NLRB Form 852:
Notice of Representation
Hearing
FORM NLRB-852
(6-61)
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
Case No.
NOTICE OF REPRESENTATION HEARING
The Petitioner, above named, having heretofore filed a Petition pursuant to Section 9 (c) of
the National Labor Relations Act, as amended, 29 U.S.C. Sec 151 et seq., copy of which Petition
is hereto attached, and it appearing that a question affecting commerce has arisen concerning
the representation of employees described by such Petition.
YOU ARE HEREBY NOTIFIED that, pursuant to Section 3(b) and 9(c) of the Act, on the
day of , 20 , at
a hearing will be conducted before a hearing officer of the National Labor Relations Board upon
the question of representation affecting commerce which has arisen, at which time and place the
parties will have the right to appear in person or otherwise, and give testimony.
Signed at on the day of , 20
Regional Director, Region
National Labor Relations Board
Step 5. The Election
The election occurs within 30 to 60 days after the NLRB issues its Decision and Direction
of Election. The election is by secret ballot; the NLRB provides the ballots (see
Figure 15-4), voting booth, and ballot box, and counts the votes and certifies the results.
The union becomes the employees representative if it wins the election, and winning
means getting a majority of the votes cast, not a majority of the total workers in
the bargaining unit. (Also keep in mind that if an employer commits an unfair labor
practice, the NLRB may reverse a no union election. As representatives of their
employer, supervisors must therefore be careful not to commit unfair practices.)
Several things influence whether the union wins the certification election. Unions
have a higher probability of success in geographic areas with a higher percentage
of union workers. High unemployment seems to lead to poorer results for the union,
perhaps because employees fear that unionization efforts might result in reduced job
security or employer retaliation. Unions usually carefully pick the size of their bargaining
unit (all clerical employees in the company, only those at one facility, and so on) because
the larger the bargaining unit, the smaller the probability of union victory. The more
workers vote, the less likely a union victory, probably because more workers who are not
strong supporters vote. The union is important, too: The Teamsters union is less likely
to win a representation election than other unions, for instance. 34