Authorization Cards

Bridget1

What is the next step when an employer has been presented with an authorization card (for a union)?

NYGiants

First - don't panic . . .

You can voluntarily recognize the union as the bargaining representative of  your employees, (so long as the union can demonstrate that it has been designated by more than 50 percent of employees). If the union has cards from more than 50 percent of the unit members, an election is not required. But, you can also choose to refuse to recognize the card majority and insist on a recognition election conducted by the National Labor Relations Board (NLRB). I think most employers do choose to go with the recognition election.

The election would be held to prove the union’s majority count. Beware that you can't attempt to break up the union's card-based majority by engaging in unfair labor practices that are in violation of Section § 8(a)(1) of the National Labor Relations Act (NLRA). The NLRA prohibits employer actions that might discourage organizing or prevent workers from negotiating a union contract. If you do go to an election, it is best to get union negotiation guidance and advice from an experienced labor attorney. Do this now -- before you decide what to do next. GOOD LUCK!

HRBiker

Another point to remember is that a union can petition the NLRB to conduct an election if it has cards from 30% of the employees.