NMHC/Coalition "Friend of the Court" Brief Supporting Secret Ballot Elections in Union Organizing Campaigns
Date: November 4, 2010
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The Coalition for a Democratic Workplace, a broad industry group that includes NMHC and NAA, filed this amicus brief (Lampons Gasket Co., 355 NLRB 157 (2010)) urging the National Labor Relations Board (NLRB) to preserve secret ballot elections in union organizing campaigns.

The brief, filed November 1, 2010, supports procedures established by the NLRB in the Dana Corp. case (351 NLRB 434 (2007)) that require a 45-day period for employees to petition the NLRB for a secret ballot election after a union is recognized by “card check” votes.

Under current law, if employees petition for a secret ballot election during this period, they may choose to decertify the newly-recognized union or vote for a rival union. An employee’s right to vote in a secret ballot election could be compromised if the NLRB does not uphold the 45-day petition period following a union’s card check recognition.

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