other labor organizations which also claim to represent the same employees. Investigation Upon receipt of the petition in the Regional Office, it is filed, docketed, and assigned to a member of its staff, a Field Examiner, for investigation. The Field Examiner conducts an investigation to ascertain (1) whether the company's operations affect commerce within the meaning of the Act, (2) the appropriateness of the unit of employees for the purposes of collective bargaining, and (3) whether a question of representation exists. The evidence of representation submitted by the petitioning labor organization, usually in the form of cards signed by individual employees authorizing representation by the union, is checked to determine the number or proportion of employees who desire to be represented by that labor organization. The examiner attempts to ascertain from the petitioner, the employer, and any other labor organization which may be involved, whether or not the grouping or unit of employees described in the petition constitutes an appropriate bargaining unit. The petitioner may, on its own initiative, request the withdrawal of the petition if the above investigation clearly discloses that no question of representation exists because, among other possible reasons, the unit sought is clearly not appropriate, or the petitioning union's showing of representation among the employees is insufficient to warrant an election, or a written contract held by another labor organization precludes further proceeding. For the same or similar reasons, the Regional Director may request the petitioner to withdraw its petition. If the petitioner refuses to withdraw, the Regional' Director may then dismiss the petition. The petitioner may appeal from the Regional Director's dismissal by filing such request with the Board in Washington. Adjustment Before Formal Action The Board has devised, and makes available to the parties, several types of procedures through which representation disputes can be resolved without recourse to formal proceedings. These informal arrangements are commonly known as consent cross-check, consent election, stipulated cross-check, and stipulated election. Consent Cross-Check In the procedure providing for a consent cross-check, the parties agree that the Field Examiner or Regional Director may determine whether or not the union represents a majority by checking the number of signed union cards against the names on the pay roll furnished by the employer. Also, the parties agree with respect to the description of the unit of employees involved and the pay-roll date to be used in determining eligibility for voting. The last step in the processing of the case occurs when the Field Examiner or Regional Director reports the results of the cross-check to the parties. Consent Election The consent election, which is the most frequently used method of informal adjustment, is similar to the consent cross-check except for the substitution of election procedure for comparison of written records. The terms of the agreement providing for consent election are set forth in a form that has long been standardized by the Board for use in the Regional Offices. Under these terms the parties agree with respect to the appropriate unit, the pay roll to be used as the basis of eligibility, and the place, date, and hours of election. A Field Examiner arranges the details incident to the mechanics and conduct of the election. For example, he usually arranges preelection conferences in which the parties check the list of voters and attempt to resolve any questions of eligibility. Also, prior to the date of election, official notices of election are posted conspicuously in the plant. These notices reproduce a sample ballot and outline such election details as location of polls, time of voting, and eligibility rules. The actual polling is always conducted and supervised by Board agents. They may have an equal number of representatives of each party to assist them and to observe the election process. As to the mechanics of the election, a ballot is given to each eligible voter by the Board's agent in the presence of the authorized observers who check the eligibility list and guard the ballot box. The ballots are marked in the secrecy of a voting booth. The authorized observers have the privilege of challenging for reasonable cause employees who apply for ballots. Customarily the Board agents, in the presence and with the assistance of the authorized observers, count and tabulate the ballots immediately after the closing of the polls. A complete tally of the ballots is served upon the parties upon the conclusion of the counting. If challenged ballots are sufficient in number to affect the results of the count, the Regional Director conducts an investigation which may involve the holding of a hearing. Thereafter, he rules on the challenges. If objections to the conduct of the election are filed within 5 days of the issuance of the tally, the Regional Director likewise conducts an investigation and rules upon their validity. If, after investigation, the objections are found to have merit, the Regional Director may void the election results and conduct a new election. The agreement for a consent election provides that the rulings of the Regional Director on all questions relating to the election (e. g., eligibility and the validity of challenges and objections) are final and binding. Also, the agreement provides automatically for the conduct of a run-off election, in accord with the provisions of the Board's Rules and Regulations, if two or more labor organizations appear on the ballot and no one choice receives a majority of the valid votes cast. Stipulated Cross-Check The stipulated cross-check differs from the consent cross-check only in that the parties agree that the Board in Washington shall finally dispose of the case either by a formal certification in the event a union wins, or by a formal dismissal if no union is successful. Stipulated Election Likewise, the stipulated election provides that the agreed-upon election shall be the basis of a formal decision by the Board instead of an informal report by the Regional Director. By the same token, the stipulated election procedure designates the Board, rather than the Regional Director, to make final determination of questions raised concerning the election. other labor organizations which also claim to represent the same employees. Investigation Upon receipt of the petition in the Regional Office, it is filed, docketed, and assigned to a member of its staff, a Field Examiner, for investigation. The Field Examiner conducts an investigation to ascertain (1) whether the company's operations affect commerce within the meaning of the Act, (2) the appropriateness of the unit of employees for the purposes of collective bargaining, and (3) whether a question of representation exists. The evidence of representation submitted by the petitioning labor organization, usually in the form of cards signed by individual employees authorizing representation by the union, is checked to determine the number or proportion of employees who desire to be represented by that labor organization. The examiner attempts to ascertain from the petitioner, the employer, and any other labor organization which may be involved, whether or not the grouping or unit of employees described in the petition constitutes an appropriate bargaining unit. The petitioner may, on its own initiative, request the withdrawal of the petition if the above investigation clearly discloses that no question of representation exists because, among other possible reasons, the unit sought is clearly not appropriate, or the petitioning union's showing of representation among the employees is insufficient to warrant an election, or a written contract held by another labor organization_precludes further proceeding. For the same or similar reasons, the Regional Director may request the petitioner to withdraw its petition. If the petitioner refuses to withdraw, the Regional' Director may then dismiss the petition. The petitioner may appeal from the Regional Director's dismissal by filing such request with the Board in Washington. Adjustment Before Formal Action The Board has devised, and makes available to the parties, several types of procedures through which representation disputes can be resolved without recourse to formal proceedings. These informal arrangements are commonly known as consent cross-check, consent election, stipulated cross-check, and stipulated election. Consent Cross-Check In the procedure providing for a consent cross-check, the parties agree that the Field Examiner or Regional Director may determine whether or not the union represents a majority by checking the number of signed union cards against the names on the pay roll furnished by the employer. Also, the parties agree with respect to the description of the unit of employees involved and the pay-roll date to be used in determining eligibility for voting. The last step in the processing of the case occurs when the Field Examiner or Regional Director reports the results of the cross-check to the parties. Consent Election The consent election, which is the most frequently used method of informal adjustment, is similar to the consent cross-check except for the substitution of election procedure for comparison of written records. The terms of the agreement providing for consent election are set forth in a form that has long been standardized by the Board for use in the Regional Offices. Under these terms the parties agree with respect to the appropriate unit, the pay roll to be used as the basis of eligibility, and the place, date, and hours of election. A Field Examiner arranges the details incident to the mechanics and conduct of the election. For example, he usually arranges preelection conferences in which the parties check the list of voters and attempt to resolve any questions of eligibility. Also, prior to the date of election, official notices of election are posted conspicuously in the plant. These notices reproduce a sample ballot and outline such election details as location of polls, time of voting, and eligibility rules. The actual polling is always conducted and supervised by Board agents. They may have an equal number of representatives of each party to assist them and to observe the election process. As to the mechanics of the election, a ballot is given to each eligible voter by the Board's agent in the presence of the authorized observers who check the eligibility list and guard the ballot box. The ballots are marked in the secrecy of a voting booth. The authorized observers have the privilege of challenging for reasonable cause employees who apply for ballots. Customarily the Board agents, in the presence and with the assistance of the authorized observers, count and tabulate the ballots immediately after the closing of the polls. A complete tally of the ballots is served upon the parties upon the conclusion of the counting. If challenged ballots are sufficient in number to affect the results of the count, the Regional Director conducts an investigation which may involve the holding of a hearing. Thereafter, he rules on the challenges. If objections to the conduct of the election are filed within 5 days of the issuance of the tally, the Regional Director likewise conducts an investigation and rules upon their validity. If, after investigation, the objections are found to have merit, the Regional Director may void the election results and conduct a new election. The agreement for a consent election provides that the rulings of the Regional Director on all questions relating to the election (e. g., eligibility and the validity of challenges and objections) are final and binding. Also, the agreement provides automatically for the conduct of a run-off election, in accord with the provisions of the Board's Rules and Regulations, if two or more labor organizations appear on the ballot and no one choice receives a majority of the valid votes cast. Stipulated Cross-Check The stipulated cross-check differs from the consent cross-check only in that the parties agree that the Board in Washington shall finally dispose of the case either by a formal certification in the event a union wins, or by a formal dismissal if no union is successful. Stipulated Election Likewise, the stipulated election provides that the agreed-upon election shall be the basis of a formal decision by the Board instead of an informal report by the Regional Director. By the same token, the stipulated election procedure designates the Board, rather than the Regional Director, to make final determination of questions raised concerning the election. Of the 31,222 representation cases handled in the first 9 fiscal years of the Board's operation, 21,912 or 70.2 percent, were closed in the above informal stages. Approximately 13,870 were adjusted by procedures agreed upon by the parties: 2,493, or 8 percent, by consent cross-check; 10,546, or 33.8 percent, by consent election; and 831, or 2.7 percent, by stipulated cross-check and election. The rest, 8,042, or 25.7 percent, were either withdrawn or dismissed without formal action. Formal Procedures If, as a result of the investigation, it appears to the Regional Director that a question concerning representation exists and efforts to arrange an informal adjustment fail, he institutes formal proceedings by issuing a Notice of Hearing. This notice, accompanied by a copy of the petition, is served upon the petitioning union, the employer and upon any other labor organizations known to the Regional Director to be claiming members among the employees involved. The hearing, usually open to the public, is held before a Trial Examiner designated by the Chief Trial Examiner in Washington. The hearing does not involve a complaint and is essentially part of an investigation in which the primary interest of the agents of the Board is to insure that the record contains as full a statement of the pertinent facts as necessary to determination of the case by the Board. The parties are afforded full opportunity to present their respective positions and to produce the significant facts in support of their contentions. The parties in most cases stipulate a substantial part of the relevant facts. Board Decision Upon the conclusion of the hearing the record is forwarded to the Board in Washington. Parties may file briefs with the Board within 7 days after the close of hearing and may also request to be heard orally by the Board. After review of the entire record the Board issues its decision, either dismissing the petition (e. g., because, among other reasons, the unit sought is inappropriate for the purposes of collective bargaining) or directing that an election be held. In the latter event the election is conducted under the supervision of the Regional Director using the consent election procedure described above. Post-Election Procedures Following the election the Regional Director serves the parties. with a tally of the ballots. If no objections to the conduct of the election are raised, the Regional Director submits a formal report to the Board. Thereupon, the Board certifies the majority-designated union or, if no representative has been chosen, dismisses the petition. Any of the parties within 5 days of receipt of the tally, may file with the Regional Director objections to the conduct of the election. The Regional Director investigates these objections-and the following procedure likewise applies in cases in which the number of challenged ballots is sufficient to affect the results of the election-and submits a report and recommendations to the Board, copies of which The same post-election procedure is followed when the parties enter into an agreement providing for a stipulated consent election. |