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The National Labor Relations Act states, "if a question of representation exists, the NLRB must make its determination by means of a secret-ballot election." This is the best, and most secure method of determining the employees' desires. The union MUST obtain a majority of the ballots cast in order to win the right of representation. If they fail to obtain a majority, or if the election is a tie, the union loses.

Union MUST Receive a Simple Majority of Ballots Counted:

The election will be determined by a majority of the ballots cast. If 100 employees participate in an election, and the union obtains 51 YES votes, and 49 NO votes, the union wins. If the union only obtains 3 YES votes, and 2 NO votes (95 employees don't vote), the union wins by majority.

Union Becomes the EXCLUSIVE Bargaining Agent for ALL Employees:

The law states, once an union has been designated by a majority of the employees in the voting group, the law makes the union the exclusive bargaining agent for all employees in the unit. As the exclusive bargaining agent the union has a duty to represent equally and fairly all employees in the unit without regard to their union membership or activities. 

Once the Union is Certified as Exclusive Agent, the Employer CANNOT Negotiate with Individual Employees:

The law states, once a collective-bargaining representative (the union) has been selected by the employees, it is illegal for an employer to bargain (negotiate) with individual employees, with a group of employees, or with another union.


Employees CANNOT Opt Out of Union Representation:


Once the union has been selected or designed to be the Exclusive Representative of the employees, the employees cannot opt out of representation. This does not mean the involved employees are bound to be a sworn-member of the union or if they are obligated to pay the union dues, fees, fines and assessments.

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