London's Farm Dairy, Inc. and Local 339, IBT

NLRB Makes Mail Ballots Easier

By Richard H. Wessels, Esq.

Two new National Labor Relations Board decisions are making it much easier for unions to achieve a mail ballot in NLRB elections. Because of these two decisions, employers are going to face a tougher struggle in securing a traditional NLRB manual-ballot election in future organizing campaigns.

Traditionally, unions' win rate is higher in mail ballot elections, which allow the union to spend more time and resources on eligible voters. It is interesting to note that NLRB Chairman William Gould has advocated the use of mail ballots since his appointment to the Board.

Sophisticated employers know well that mail ballots are "bad news" for an employer that wants to remain union free. In mail ballot elections, employers have a much more difficult time controlling timing of campaign strategy, and there are serious questions about the circumstances under which ballots are filled out. The on-site ballot box procedure is a far more satisfactory process.

Reynolds Wheels International, a Division of Reynolds Aluminum of Deutschland, Inc. and International Union United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), 323 NLRB No. 187; London's Farm Dairy, Inc. and Local 339, International Brotherhood of Teamsters, AFL-CIO, 323 NLRB No. 186.

Posted 5/16/2002