31 Aug
2020

Helping Locals Navigate NLRB Election Petitions Using Electronic Cards

The National Labor Relations Board (NLRB) has procedures allowing unions to file election petitions based on electronic union authorization cards.  The ability to file petitions based on electronic cards is especially important during the COVID-19 pandemic, and the International’s Legal Department has created an outline of the procedures local unions must follow when using electronic cards.

When you file an election petition with the NLRB, you must provide a showing that a sufficient number of workers in the bargaining unit signed authorization cards.

If you are filing a petition based on a showing using some paper cards and some electronic cards, you should call your NLRB Regional Office and ask if the office wants you to mail copies of the paper cards or scan and email them.  During the COVID-19 pandemic, some NLRB Regional Offices prefer not to receive mail.

If you are filing a petition based only on electronic cards, you should:

  • Fill out the petition on the NLRB’s website.
  • Electronically file a declaration describing how the UFCW’s electronic authorization card computer system works. The International’s Organizing and Legal Departments have sample declarations you can use as a reference.
  • Provide a screenshot of the page workers see when they fill out electronic authorization cards.
  • Provide a screenshot of the confirmation email sent to each worker who signed an electronic card.

After you file the petition, the screenshots of the cards and the declaration with the NLRB, you will need to do two more things:

  • Email a representative of the company (1) a copy of the petition and (2) two NLRB forms (Form NLRB-4812 – Description of Procedures and Form and Form NLRB-505 – Statement of Position). Do not email the cards to the company.  You can get Form NLRB-4812 and Form NLRB-505 from the NLRB’s website.
  • File a certificate of service with the NLRB showing that you emailed the petition to the company’s representative.

If you have any questions or need help filing a petition based on electronic authorization cards, contact Amanda Jaret in the International’s Legal Department at ajaret@ufcw.org or 202-417-5665.