NLRA § 9 — Collective Bargaining Representatives (29 U.S.C. § 159)
Governs the designation of exclusive bargaining representatives through NLRB-conducted elections and defines the appropriate bargaining unit.
Majority Rule
Representatives designated or selected by the majority of employees in an appropriate bargaining unit for purposes of collective bargaining shall be the exclusive representative of all employees in that unit (including non-members) for purposes of rates of pay, wages, hours, and other conditions of employment.
Appropriate Bargaining Unit
The NLRB determines the appropriate unit. Factors under the community of interest test:
- Similarity of wages, hours, and working conditions
- Commonality of supervision
- Integration of work processes
- Functional integration
- History of bargaining
Employer and union may disagree on unit composition — NLRB resolves. Unit must be appropriate, not necessarily the most appropriate.
Election Procedures
- Election bar: once an election is held, no new election for 12 months
- Contract bar: existing collective bargaining agreement bars election for up to 3 years
- Recognition bar: after voluntary recognition, 1-year election bar
- Card check: employer may voluntarily recognize union based on authorization cards showing majority support; NLRB majority-card demands require bargaining (Linden Lumber)
Decertification
Employees may petition to decertify a union after the contract bar period expires. Requires showing of 30% interest. Election procedure mirrors certification elections.