After a union election has been conducted, both the employer and the union are entitled to file "objections" to the conduct of the election. The objections often focus on allegations of wrongdoing by one of the parties. For example, an employer or a union that allegedly makes an unlawful threat to an employee to win that employee’s support. The NLRB takes evidence on these allegations and ultimately decides whether or not the election should be rerun.
The employer of security guards at the Philadelphia Museum of Art recently learned about these rules when it went through a union organizing drive led by the Philadelphia Security Officers Union. Many years ago, the Museum subcontracted its guard services to a private contractor. After an organizing election, the Union won. The employer filed objections to the election, but lost. Click here for the story from the Philadelphia Inquirer.
If your organization could be the subject of union activity, remember to train your supervisors to avoid engaging in conduct that would be objectionable. An employer’s policies could also contribute to objectionable conduct, so it is important to review those on a regular basis to ensure that they are compliant with NLRB law. Finally, remind your supervisors that, if they hear of potentially objectionable conduct from their employees, that they pass that information along to senior management.