Representation proceedings before the NLRB are triggered by the filing of a petition in the regional office. In order to be entitled to an election, a labor organization must demonstrate that it has the support of at least 30 percent of the eligible employees. The NLRB's election procedures have been the subject of much criticism. Most industrial countries have more efficient and effective mechanisms for obtaining union representation. The General Counsel has worked hard to make improvements in the timeliness of holding elections, but much of the problem is structural and can only be fixed by Congress.
Employers can force a hearing on practically any issue-no matter how insignificant or frivolous.
After the election is completed, either side can file objections to the conduct of the election. Resolution of objections normally requires a hearing, followed by a decision from the regional director and then the inevitable appeal to the NLRB in Washington. If the union prevails in front of the NLRB the employer can refuse to bargain, thus triggering unfair labor practice proceedings, another appeal to the NLRB, and finally a petition for review or enforcement to the court of appeals. Mean-while, the employees who had voted for the union remain unrepresented throughout this terrific process. Once union representation is achieved and a collective bargaining agreement is negotiated, employees gain many substantive rights that do not exist in the unorganized workplace.