Nlrb.gov Rules and Regulations

If a majority of workers want to form a union, they can choose a union in two ways: If at least 30% of workers sign cards or a petition saying they want a union, the NLRB holds an election. If a majority of voters choose the union, the NLRB certifies the union as your representative for collective bargaining. An election is not the only way for a union to become your representative. Your employer may voluntarily recognize a union based on evidence – usually signed union approval cards – that a majority of workers want it to represent them. Once a union has been certified or recognized, the employer must negotiate your terms and conditions of employment with your union representative. Special rules apply in the construction industry. Working time is devoted to work, so your employer can maintain and enforce non-discriminatory rules that restrict advertising and distribution, except that your employer cannot prohibit you from speaking or asking for a union outside of working hours, such as before or after work or during breaks; or by distributing union literature outside working hours, in non-working areas such as car parks or break rooms. In addition, restricting your efforts to communicate with your colleagues can be non-discriminatory. For example, your employer cannot prohibit you from talking about the union during working hours if it allows you to talk about other non-work-related issues during working hours. (c) [Literal reduction of witness testimony; Findings and Orders of the Board] Statements made by such member, agent or agency or by the board of directors shall be recorded in writing and submitted to the board. Thereafter, the Commission may, at its discretion, testify or hear other arguments. Such an order may also require that person to prepare reports from time to time indicating the extent to which he or she has complied with it.

If, after dominating in the testimony of witnesses, the Board finds that the person named in the appeal has not practised or is practising such an unfair labour practice, it shall make its findings of fact and make an order dismissing the appeal. No executive order requires the reinstatement as an employee of a person who has been suspended or dismissed, or the payment of arrears if that person has been suspended or dismissed for cause. If the evidence is submitted to a member of the Chamber or to one or more administrative judges, that judge or judges shall issue a proposal for a report, accompanied by a recommendation for an order, to be submitted to the Chamber and to be served on the parties to the proceedings. and if no objection is filed within twenty days after notification of them to such parties or within such other period as the Commission may approve, this Recommended Order becomes the Order of the Commission and takes effect as prescribed. 2. In determining whether there is a question of representation affecting trade, the same rules and decision-making rules shall apply, irrespective of the identity of the persons making the application or the nature of the legal protection sought, and in no case shall the Board of Directors refuse a place on the ballot paper to an enterprise organisation on the basis of an ordinance relating to that organisation of work or its predecessor: not under Article 10(c) [Article 160(c) of this Title]. (4) Nothing in this section shall be construed as prohibiting the renunciation of negotiations by agreement for the purpose of consent to vote in accordance with the rules and rules of decision of the Commission.