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The Unionization Process: Federal

The Unionization Process requirements by state

Author: Mark Goodwin, LeClairRyan

Summary

  • The National Labor Relations Board (NLRB) implements and oversees the rules governing the union representation election process. See Union Formation.
  • An employer may implement various policies and practices to prevent union activity in the workplace. See Anti-Union Campaigns.
  • Penalties for employer violations during a union election campaign include rerun elections and orders to bargain a contract with the union even if the union loses the election. See NLRB Penalties for Illegal Employer Actions During an Election Campaign.
  • "Right to work" states prohibit a union and an employer from reaching an agreement to require union membership and financial support in the form of dues as a condition of continuing employment. See Right to Work Laws.
  • The NLRA permits unionized employees to seek to decertify a union as their representative in certain circumstances. An employer may not instigate or assist employees with such efforts. See Union Decertifications.