Representation and Election Process Overview

The governing law for selecting a bargaining representative is found primarily in section 9 of the NLRA.1 Selection (or de-selection) can occur by three related processes:

  • Employees can file a petition or a union can do so on their behalf, known as an “RC” petition (Certification of Representative)
  • An employer can file a petition, known as an “RM” petition (Employer Petition)
  • Employees or someone acting on their behalf may file a petition that questions the continued representative status of a current bargaining representative, known as an “RD” petition (Decertification)
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