HR Policy Association believes that, in voting to determine whether they are to be represented by a union, employees should have sufficient time to hear all sides of the issue, from their employer, the union and their co-workers, and have sufficient time to engage in discussions among themselves on the question. We believe the current median of 38 days allows sufficient time for this process, noting that the most recent election data indicates that unions win two out of every three elections. Moreover, in order to cast a fully informed vote, it is essential that employees know what classifications of employees will be included in the unit if the union is to be certified as their representative. In addition, it is essential that it be determined before the campaign period which employees will be excluded from the unit as exempt supervisors so that any communications by those employees with their co-workers, whether favorable to the union or otherwise, do not taint the election results.
The changes in union representation procedures proposed and implemented by the current National Labor Relations Board would result in hasty elections, estimated in some cases to be as soon as 10 days after the filing of a petition. This would not allow employees sufficient time to weigh all aspects of the issue. The changes are also highly objectionable in that they infringe on the procedural rights of employers to ensure adequate resolution of critical legal issues prior to the voting, including the important issue of which employees would be represented by the union if elected.
The Association strongly supports legislation introduced in Congress to preserve the existing procedures and ensure a minimum 35-day campaign period between the filing of a petition by a union and the vote by the employees.