Can I change my mind about voting for the union?

Question: Can I change my mind about voting for the union?

Answer:

The National Labor Relations Act protects the rights of employees who do not want to join a union, as well as those who are trying to organize. The National Labor Relations Board is the agency that makes sure the union organizing process is fair and follows the law.

Neither the union organizers or the employer should threaten or intimidate you. Intimidating tactics or threats of physical violence are unfair labor practices and you can file a charge against either the employer or the union organizers with the National Labor Relations Board. The NLRB recommends that you call the nearest regional office to understand whether your situation is an example of an unfair labor practice covered by the NLRB. Calling first saves time and avoids mistakes in filing charges. You have the right to freely make up your own mind about your union vote.

Signing a union authorization card does not require that you vote for the union. If the NLRB conducts an election it will be a secret ballot so no one will know whether the votes match the signed cards. Union organizers say it is not unusual for some people to change their mind in the secret ballot. The weeks leading up to an election may be filled with campaigning by the employer as well as the union organizers, each trying to convince you to give your vote to their side.

Certainly you can just change your mind without telling anyone, however some attorneys recommend that you send both the union and the employer a letter if you want to revoke your authorization on a union card. This may be important if the employer thinks the union has a majority of employees on board. If the union reports that over 50% of the employees have signed cards in favor of the union, the employer may choose to voluntarily recognize the union and not wait for a secret ballot election conducted by the NLRB. If you, and perhaps some other workers, have changed your mind the employer will giving the recognition based on bad information. It is important for both the union organizers and the employers to have an accurate understanding of your position.

After the employer voluntarily recognizes the union, other employees still have the right to petition the NLRB for a secret ballot election to decertify the union. The NLRB will need to see that there is significant interest in decertification, usually by requiring dated signatures of at least 30% of employees. After a collective bargaining agreement is in place, the NLRB will not hold an election until the agreement is coming to its end.

The procedures to organize a union can seem complicated, but they are in place to preserve the democratic right of every worker to make their own choice about their union vote.