This pamphlet contains a general explanation 

what the National Labor Relations Board (NLRB

is and what it does concerning the processing 

representation petitions. For future informatio

contact the nearest NLRB office and ask 

speak with the Information Officer. 

What is the


National Labor Relations Board?


We are an independent Federal agency esta

lished to enforce the National Labor Relation

Act (NLRA). As an independent agency, we a

not part of any other government agency—suc

as the Department of Labor. 

Congress has empowered the NLRB to condu

secret-ballot elections so employees may exe

cise a free choice whether a union should re

resent them for bargaining purposes. A secre

ballot election will be conducted only when 

petition requesting an election is filed. Such 

petition should be filed with the Regional Offic

in the area where the unit of employees is l

cated. All Regional Offices have petition form

that are available on request and without cost. 

Types of Petitions 

1) Certification of Representative (RC) 

This petition, which is normally filed by 

union, seeks an election to determin

whether employees wish to be represente

by a union. It must be supported by the si

natures of 30 percent or more of th

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employees in the bargaining unit bein

sought. These signatures may be on pape

Generally, this designation or ‘‘showing 
interest’’ contains a statement that th

employees want to be represented for co

lective-bargaining purposes by a specif

labor organization. The showing of intere

must be signed by each employee an

each employee’s signature must be dated. 

2) Decertification (RD) 

This petition, which can be filed by an ind

vidual, seeks an election to determin

whether the authority of a union to act a

a bargaining representative of employee

should continue. It must be supported b

the signatures of 30 percent or more of th

employees in the bargaining unit re

resented by the union. These signature

may be on separate cards or on a sing

piece of paper. Generally, this showing 

interest contains a statement that th

employees do not wish to be represente

for collective-bargaining purposes by th

existing labor organization. The showing 

interest must be signed by each employe

and each employee’s signature must b

dated. 

3) Withdrawal of Union-Security Authority (UD) 

This petition, which can also be filed by a

individual, seeks an election to determin

whether to continue the union’s contractu

authority to require that employees mak

certain lawful payments to the union 

order to retain their jobs. It must be su

ported by the signatures of 30 percent 

more of the employees in the bargainin

unit covered by the union security agre

ment. These signatures may be on separa

cards or on a single piece of paper. Ge

erally, this showing of interest states th

the employees no longer want their colle

tive-bargaining agreement to contain 

union-security provision. The showing of i

terest must be signed by each employe

and each employee’s signature must b

dated. 

4) Employer Petition (RM) 

This petition is filed by an employer for a

election when one or more unions claim 

represent the employer’s employees 

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when the employer has reasonable ground

for believing that the union, which is th

current collective bargaining representativ
no longer represents a majority of emplo

ees. In the latter case, the petition must b

supported by the evidence or ‘‘objectiv

considerations’’ relied on by the employ

for believing that the union no longer re

resents a majority of its employees. 

5) Unit Clarification (UC) 

This petition seeks to clarify the scope of a

existing bargaining unit by, for exampl

determining whether a new classification 

properly a part of that unit. The petition ma

be filed by either the employer or the unio

6) Amendment of Certification (AC) 

This petition seeks the amendment of a

outstanding certification of a union to refle

changed circumstances, such aschanges 

the name or affiliation of the union. Th

petition may be filed by a union or an em

ployer. 

What is a Bargaining Unit? 

A bargaining unit is a group of two or mo

employees who share a ‘‘community of interes

and may reasonably be grouped together for co

lective-bargaining purposes. The NLRB is r

sponsible for ensuring that any election in a re

resentation case is conducted in an appropria

unit. A unit is usually described by the type 

work done or job classification of employees-f

example, production and maintenance emplo

ees or truckdrivers. In some cases, the numb

of facilities to be included in a bargaining unit 

at issue, and a unit may be described by th

number of locations to be involved. For exampl

in the retail industry, the NLRB may need 

determine whether employees at a single 

whether a bargaining unit consisting of sever

stores is appropriate. Generally, the appropriat

ness of a bargaining unit is determined on th

basis of the community of interest of the emplo

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ees involved. The NLRB may also consider fa

tors such as any history of collective bargainin

and the desires of the affected employees. 
If you file a decertification petition (RD) or pe

tion for the withdrawal of union-security authori

(UD), the bargaining unit in which any election 

conducted will be the same as the unit that 

certified or recognized. You should check yo

contract for a description of the existing bargai

ing unit in these cases. 

Workers Excluded from NLRA 

Coverage 

The NLRA does not include coverage for a

workers. The Act specifically excludes from i

coverage individuals who are: 

• employed as agricultural laborers 

•	 employed in the domestic service of an

person or family in a home 

• employed by a parent or spouse 

• employed as an independent contractor 

• employed as a supervisor 

•	 employed by an employer subject to th

Railway Labor Act, such as railroads an

airlines 

•	 employed by Federal, state, or local go

ernment 

•	 employed by any other person who is n

an employer as defined in the NLRA 

NLRB’s Jurisdiction 

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In addition, the NLRB has established standard

for determining whether it will exercise its juri
diction over an employer. These jurisdiction

standards are based on the volume and natu

of business done by an employer, and vary b

industry. 

For example, the NLRB asserts jurisdiction ov

employers in the retail business, which have a

annual volume of business of at least $500,00

and which receive or send merchandise acros

state lines. 

When Can A Petition Be Filed? 

The NLRB has established certain rules relatin

to the filing of petitions affecting employees wh

are covered by an existing contract. Generall

under these ‘‘contract-bar’’ rules, a valid contra

for a fixed period of 3 years or less will bar a

election for the period covered by the contrac

However, in such situations, a petition filed mo

than 60 days but not more than 90 days befo

the end of the contract will be accepted and ma

bring about an election. These time periods f

filing petitions involving health care institution

are more than 90 days but not more than 12

days before the end of the contract. 

In addition, the NLRB will not hold a represent

tion election in any collective-bargaining unit 

which a valid election has been held during th

preceding 12 months. This rule does not appl

however, to a withdrawal of union-security (UD

election conducted within 12 months of a re

resentation election (RC, RM, RD), or to a re

resentation election conducted within 12 month

of a withdrawal of union security election. 

If an election is held and a union is certified b

the NLRB, that certification is normally bindin

for 1 year and a petition for another election 

the same unit will be dismissed if filed during th

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1-year period after the NLRB’s certification. 
What Can You Expect, 

If You File a Petition? 

The Information Officer in the NLRB Region

Office nearest you can answer your question

regarding representation petitions and can assi

you in completing the petition forms. 

If you file a petition, you should be prepared 

tell us the name and address of the employ

and any labor organization(s) involved. In add

tion, you must describe the bargaining unit th

is the subject of the petition, and the approx

mate number of employees in the unit. You als

will need to tell us whether there is a labor org

nization that represents you, any other intereste

labor organization, or any collective-bargainin

agreements in effect. If available, you shou

provide a copy of any current contract betwee

the employer and the union. 

You will need to state your current address o

the petition form as well as sign it. A copy of th

petition will be served on all parties involved. 

The showing of interest in support of an RC, RD

or UD petition or the objective considerations 

support of an RM petition (whichever is applic

ble) must be filed with the petition, or within 4

hours after its filing and, when RC and RD pe

tions are involved, no later than the last day o

which the petition might timely be filed. If suc

proof is not timely submitted, or if the NLRB co

siders the showing of interest or objective co

siderations to be insufficient, the petition is su

ject to dismissal. 

After the petition is filed, the case will be a

signed to an NLRB agent for processing. If th

Region determines that the petition should b

processed further, the agent will attempt to s

cure agreement of the parties regarding th

appropriate unit and the eligibility of voters a

well as the date, time, and place of the electio

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If all parties reach an agreement that is a

proved by a Regional Director, an election will b
conducted. If agreement cannot be reached, 

representation hearing will be conducted befo

an NLRB Hearing Officer. All parties will hav

the opportunity to appear and present evidenc

about the issues in dispute. After the hearin

closes, a Regional Director’s or Board decisio

will issue in which an election will be ordered 

the petition will be dismissed. Exceptions to 

Regional Director’s decision can be filed by an

party with the NLRB in Washington, D.C. 

NLRB Offices 

Our office addresses are located in the tel

phone directory under the United States Gover

ment-National Labor Relations Board. 

The address and phone number of the offic

closest to you is: 

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