NLRB Says Mail-Ballot Solicitation Is Objectionable Conduct

Law360 (June 9, 2021, 5:37 PM EDT) -- The National Labor Relations Board said Wednesday that a union or employer's efforts to help employees file mail ballots crosses the line into objectionable conduct if evidence shows the solicitation altered enough votes to change an election outcome.

A four-member panel majority established the new rule in a decision resolving Professional Transportation Inc.'s challenge to an NLRB regional director's refusal to hear the company's claims that a United Electrical, Radio and Machine Workers of America local tampered with an election by calling employees about their ballots.

"It is objectionable for a party to engage in mail-ballot solicitation, but such solicitation will...

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