When workers file a union election petition with the National Labor Relations Board (NLRB), employers face strict compliance deadlines that begin almost immediately. The NLRB requires employers to post an official notice and prepare a voter eligibility list – both within strict deadlines that begin almost immediately. Employers also need to ensure their managers understand the communication limits that apply throughout the process, since missteps during a union campaign can result in unfair labor practice charges.
Failing to meet these requirements can result in unfair labor practice charges that affect how the election proceeds.
Posting the notice of petition for election
Employers must post the Notice of Petition for Election within two business days in visible areas like break rooms or time clocks. It informs workers of their rights and stays posted through the election. Removing or defacing it may trigger an unfair labor practice charge.
What employee information must employers provide
Employers must send a voter eligibility list to the NLRB Regional Director. The deadline is set by election rules and can be as short as two business days. Since NLRB rules continue to evolve, confirm the deadline with legal counsel.
The list must include the following information for each eligible employee:
- Full name
- Home address
- Available email address
- Available phone numbers
- Work location
- Shift
- Job classification
The voter eligibility list supports the election process. Employers with workers at more than one location must clearly show where each employee works. Payroll teams often gather the data. Human resources then checks it for accuracy before the employer submits the list to the Regional Director.
What employers can and cannot say during a union campaign
Employers may share factual information about union representation during an organizing campaign. However, the content and manner of those communications must comply with federal law throughout the process.
Federal law prohibits threats, coercive interrogation, promises of new benefits and surveillance – rules that apply throughout organizing, not just after a petition is filed. Managers need early guidance, since casual statements can become evidence in an unfair labor practice proceeding.
Preparing before a petition arrives
The posting and voter list requirements are not optional formalities – they are enforceable obligations with consequences that can affect the fairness of the election itself. Employers who understand these deadlines before a petition arrives are better positioned to respond quickly and avoid costly errors. Reviewing internal HR and payroll processes in advance can make a significant difference once the clock starts running.