NLRB Approves Union Win By Mail Ballot Despite Postal Delays Disenfranchising Majority of Voters
Postal delays are not enough to set-aside election results in a mail-ballot election, NLRB rules.
QUICK FACTS:
The NLRB has dismissed an employer’s Request for Review to overturn a Regional Director’s decision to certify a 2021 mail-ballot election where only three (out of a potential of 14) votes were returned on time.
The employer had offered as proof the testimony of six employees who mailed their ballots on time—which arrived at the NLRB two days after the count.
The offer of proof also stated that several of those voters would also provide photos and/or a video of their ballot being mailed.
Although the two-member NLRB majority shared their “dissenting colleague’s concern about the United States Postal Service’s late delivery of many mail ballots after the ballot count,” they found the“Regional Director’s decision not to count the late arriving ballots was fully consistent with Board precedent and policy and did not constitute an abuse of discretion.”