29 U.S.C. § 159 — Representatives and elections

(a) Exclusive representatives; employees' adjustment of grievances directly with employer: When a majority of employees in an appropriate group (a "bargaining unit") choose representatives for collective bargaining, those representatives become the exclusive representatives for everyone in that unit — for bargaining over pay rates, wages, hours, and other job conditions. Still, any single employee or group of employees can bring a complaint (a "grievance") straight to the employer and get it resolved, without going through the union — as long as the resolution doesn't conflict with any current union contract, and the union gets a chance to be present when it's worked out. (b) Determination of bargaining unit by Board: The National Labor Relations Board (the "Board") decides, case by case, what group of workers forms the appropriate unit for bargaining — it could be the whole employer's workforce, a specific craft, one plant, or part of one. The Board follows three rules here: (1) it cannot combine professional and non-professional employees into one unit unless a majority of the professional employees vote to be included; (2) it cannot say a craft unit is inappropriate just because the Board previously set up a different kind of unit, unless a majority of the workers in the proposed craft unit vote against having their own separate union; and (3) it cannot include guards — employees who enforce rules protecting the employer's property or people's safety — together with other kinds of employees in the same unit. Also, no union can be certified to represent guards if that union accepts non-guards as members, or is affiliated with a union that does. (c) Hearings on questions affecting commerce; rules and regulations: (1) Someone can file a petition with the Board — either (A) a group of employees (or someone acting for them) claiming that a substantial number of workers want representation but their employer won't recognize their chosen representative, or that their current certified/recognized representative no longer truly represents them; or (B) an employer claiming that one or more unions have asked to be recognized as the workers' representative. Once such a petition is filed, the Board investigates. If it has reasonable cause to believe a real question about representation exists, it holds a hearing (which may be run by a regional staff member who won't make recommendations). If the hearing shows a genuine question of representation, the Board orders a secret-ballot election and certifies the results. (2) The Board applies the same rules and standards no matter who filed the petition or what kind of outcome they're seeking. The Board also cannot keep a union off the ballot just because of a past order against that union (or its predecessor) that wasn't issued the right way. (3) The Board generally won't hold another election in the same unit (or part of a unit) if a valid election already happened there in the past twelve months. Workers on an economic strike who aren't entitled to get their jobs back can still vote in elections held within twelve months of the strike's start. If no choice on the ballot gets a majority, the Board holds a run-off between the top two choices. (4) The Board can waive full hearings by agreement, to allow a "consent election" instead. (5) When deciding what unit is appropriate under subsection (b), the Board cannot let how many employees already joined a union control its decision. (d) Petition for enforcement or review; transcript: If a court case seeks to enforce or review a Board order that was based on facts the Board certified after a hearing under subsection (c), the certification and hearing record must be included in the full record filed with the court. The court's final decision — enforcing, changing, or setting aside the Board's order — must be based on that record. (e) Secret ballot; limitation of elections: (1) If at least 30 percent of employees in a bargaining unit covered by a union-security agreement (made under section 158(a)(3)) petition the Board asking to cancel that agreement, the Board must hold a secret-ballot vote of that unit and tell both the union and the employer the results. (2) The Board won't hold another such vote in the same unit if a valid vote on this question already happened there in the past twelve months.