Quick Answer
Two different federal regimes get called "union election rules," and small locals routinely apply the wrong one.
- NLRB representation elections decide whether a group of workers will be represented by a union at all. The National Labor Relations Board runs these. You do not run them, you do not choose the software, and no vendor can sell you one.
- LMRDA officer elections are your local's own internal elections for president, secretary-treasurer, business agent, and stewards. Your local runs these under its constitution and bylaws, subject to the Labor-Management Reporting and Disclosure Act and enforced by the Department of Labor's Office of Labor-Management Standards.
Only the second kind is something you organize, budget for, and can run online.
For a small local running its own officer election, the LMRDA requirements that decide procedure are: notice mailed to every member's last known home address at least 15 days in advance, a reasonable opportunity to nominate, secret ballot, equal treatment of candidates, the right of each candidate to have observers at the polls and the count, and preservation of the ballots and records for one year.
The one that catches locals out: the DOL has published guidance on remote electronic voting systems. An audit trail is not a substitute for candidate observers, and a vendor's compliance page does not override your constitution or the statute. Read the guidance before you shortlist anything.
Two Federal Agencies, Two Sets of Rules
If you're a small union local, you deal with two different federal frameworks for elections, and confusing them is one of the most common mistakes in union governance.
The NLRB (National Labor Relations Board) oversees representation elections, votes where workers decide whether to form a union, change unions, or decertify an existing union. These are elections about the union itself.
The DOL (Department of Labor) oversees officer elections, votes where union members choose their leaders. These are elections within the union, governed by the LMRDA.
This guide covers both, because small locals need to understand both processes, and the rules are different enough to cause serious problems when confused.
This article is for informational purposes only and does not constitute legal advice. Union election requirements vary by union constitution, bylaws, and applicable federal and state law. Consult legal counsel for advice specific to your organization.
Part 1: NLRB Representation Elections
When They Happen
Representation elections occur when:
- 1Workers petition to form a union (RC petition): at least 30% of eligible employees must sign authorization cards
- 2An employer questions an existing union's majority (RM petition), rare, requires evidence
- 3Workers petition to remove a union (RD petition, decertification): at least 30% of eligible employees must sign
The Election Timeline
| Stage | Timeline | What Happens |
|---|---|---|
| Petition filed | Day 0 | RC, RM, or RD petition filed with NLRB Regional Office |
| Statement of position | Day 7 | Employer files statement of position (list of issues) |
| Pre-election hearing (if needed) | Day 8+ | Regional Director resolves disputes (unit scope, voter eligibility) |
| Direction of election | ~Day 20 | Regional Director issues decision and direction |
| Voter eligibility list | Within 2 business days | Employer provides Excelsior list (names, addresses, contact info) |
| Election | ~Day 20–40 | Secret ballot election at the workplace |
| Certification | Within 7 days | Regional Director certifies results (if no objections) |
Key change (2023): The NLRB's August 2023 final rule (published August 25, 2023, effective December 26, 2023) streamlined the election timeline, eliminating the employer's pre-election request for review and allowing elections to be scheduled as soon as 20 days after a petition is filed, down from the previous average of 38 days.
Voter Eligibility
The bargaining unit determines who can vote. Key rules:
| Category | Can Vote? | Notes |
|---|---|---|
| Full-time employees in the unit | Yes | Must be employed on the eligibility date |
| Part-time employees in the unit | Yes | If they share a community of interest |
| Temporary employees | Depends | Only if they have regular, ongoing employment |
| Seasonal employees | Depends | Must be employed during the eligibility period |
| Supervisors | No | Defined by NLRA §2(11) |
| Managers | No | Those who formulate and effectuate management policies |
| Confidential employees | No | Those who assist in labor relations matters |
| Strikers (economic) | Yes | For 12 months after strike begins |
| Strike replacements | Yes | Permanent replacements can vote |
The Ballot
NLRB representation election ballots are standardized. The ballot contains:
- The question: "Do you wish to be represented for purposes of collective bargaining by [Union Name]?"
- YES and NO boxes
- In multi-union elections, each union plus "Neither" as an option
The NLRB provides the ballot, voting booth, and ballot box. NLRB agents conduct the election.
Election Day Rules
| Rule | Details |
|---|---|
| Polling location | At or near the workplace, accessible to all eligible voters |
| Polling hours | Must accommodate all shifts |
| Observers | Each party (union, employer) may have one observer per voting location |
| Electioneering | No campaigning within the "no-electioneering area" (typically the polling location) |
| Challenged ballots | Observers may challenge individual voters; challenged ballots are segregated |
Objections and Challenges
After the election, either party has 7 business days to file objections with the Regional Director. Common grounds:
- Employer interference: threats, promises, or surveillance during the campaign
- Union misconduct: coercion, misrepresentation, or bribery
- NLRB conduct: errors by NLRB agents during the election
- Eligibility disputes: challenges to specific voters' right to participate
If objections are sustained, the Regional Director may order a new election.
Part 2: LMRDA Officer Elections (Internal Union Elections)
This one gets heated
Should community boards be required to use independent election administrators?
The Rules for Small Locals
The LMRDA applies to every private-sector union, regardless of size. A local with 15 members has the same legal obligations as one with 15,000. Key requirements for officer elections:
| Requirement | Rule | Citation |
|---|---|---|
| Election frequency | At least every 3 years for local unions | §401(b) |
| Nomination rights | Every member in good standing can nominate | §401(e) |
| Voting rights | Every member in good standing can vote | §401(e) |
| Secret ballot | Required for all officer elections | §401(e) |
| Notice | At least 15 days before the election | §401(e) |
| Candidate access | Candidates can inspect member lists once within 30 days of election | §401(c) |
| Equal treatment | Union must treat all candidates equally (mailing access, etc.) | §401(c) |
| Record retention | All records preserved for 1 year | §401(e) |
Who Must Be Elected
The term "officer" under the LMRDA includes any person who holds office that authorizes them to perform executive functions, not just the titled positions. This typically includes:
- President, Vice President, Secretary, Treasurer
- Business Agent (if the position has executive authority)
- Executive Board members
- Trustees
- Shop stewards (in some unions, if they have executive authority)
Nomination Procedures
For small locals, the nomination process is often the most contentious step:
- 1Announce the nomination period at least 15 days before the election
- 2Specify eligibility requirements: your constitution may impose minimum membership duration, attendance requirements, or dues-current status
- 3Accept nominations at a membership meeting and/or by written petition
- 4Confirm candidate eligibility: verify each nominee meets the constitutional requirements
- 5Provide candidate list to all members with the election notice
Common mistake for small locals: Setting eligibility requirements so high that most members can't run. The DOL has overturned elections where attendance requirements or minimum membership periods effectively excluded the majority of members. The test is whether the requirements serve a "legitimate union interest", not whether they're convenient for the incumbents.
Conducting the Officer Election
For small locals (under 500 members), the practical considerations differ from large nationals:
| Factor | Small Local Reality | Best Practice |
|---|---|---|
| Budget | $500–$2,000 per election | Digital voting reduces costs by 40–60% |
| Volunteer capacity | Few members willing to serve as election committee | Use a neutral third-party platform |
| Trust concerns | Members know each other, privacy worries are higher | Government ID verification + anonymous voting |
| Geographic spread | Members at 3–10+ job sites | Online voting ensures equal access |
| Counting accuracy | Small vote margins make errors catastrophic | Automated tabulation eliminates counting disputes |
DOL Enforcement
The Department of Labor's OLMS actively investigates LMRDA violations. In fiscal year 2024, OLMS:
- Received 268 election complaints
- Investigated 192 cases
- Filed suit to overturn 15 elections
- Supervised 38 re-run elections
Small locals are not exempt from enforcement. OLMS investigates locals of all sizes, and the most common violations in small locals are:
- 1Failure to provide adequate notice (15-day requirement)
- 2Unreasonable eligibility requirements for candidates
- 3No secret ballot (show-of-hands voting for officers)
- 4Failure to preserve records for one year
- 5Denial of observer rights to candidates
Frequently Asked Questions
Q: Does the NLRB conduct internal union elections?
No. The NLRB only conducts representation elections (whether workers want a union). Internal officer elections are governed by the LMRDA and overseen by the Department of Labor's OLMS.
Q: Can a small union use a show of hands for officer elections?
No. The LMRDA requires a secret ballot for all officer elections (§401(e)). A show of hands is never compliant for officer elections, regardless of union size.
Q: Are public-sector unions covered by the LMRDA?
No. The LMRDA applies only to private-sector labor organizations. Public-sector unions are governed by state labor relations acts, which have their own election requirements. However, most public-sector labor laws include similar provisions for secret ballot, notice, and fair elections.
Q: What is the Excelsior list and does it apply to officer elections?
The Excelsior list is the voter eligibility list that employers must provide during NLRB representation elections. It does not apply to internal officer elections. For officer elections, the union itself maintains the membership roster and determines voter eligibility based on its constitution and the LMRDA's "good standing" requirement.
Q: Can our international union override our local's election results?
In some circumstances, yes. International unions typically have trusteeship provisions in their constitutions that allow them to take control of a local, including voiding election results, if the local has violated the constitution or engaged in financial malpractice. However, LMRDA §301–§306 impose strict requirements on trusteeships.
The Bottom Line
Small union locals face full federal compliance requirements with a fraction of the resources. The NLRB process for representation elections is managed by federal agents, you show up and follow their procedures. But your own officer elections? Those are entirely on you.
The locals that avoid DOL enforcement actions are the ones that take their own election procedures as seriously as the federal agency takes representation elections. That means proper notice, honest nominations, secret ballots, and records you can produce if OLMS comes calling.
Sources:
- 1National Labor Relations Act (NLRA), 29 U.S.C. §§151–169
- 2NLRB: Representation election procedures and 2023 final rule (88 FR 58078)
- 3Excelsior Enterprises, Inc., 156 NLRB 1236 (1966): Voter eligibility list requirement
- 4LMRDA, 29 U.S.C. §§401–531: Union officer election requirements
- 5U.S. Department of Labor, OLMS: FY 2024 enforcement statistics
- 6OLMS: "Electing Union Officers" compliance guide
- 7NLRB: "The NLRB and You: Representation Cases" pamphlet
- 829 C.F.R. Part 452: DOL regulations on union officer elections
This article is general information, not legal advice. We recommend you do your own research and confirm anything you plan to act on. Where this article states law, the section is cited so you can read the primary source yourself rather than take our word for it — that is what the citations are for. Election requirements also turn on your own governing documents, which we have not seen, and statutes are amended. For advice about your community, consult a qualified attorney licensed in your state.
We work hard to verify every citation against the primary source, but laws change and errors happen. If you spot an inaccuracy, email [email protected] and we will correct it. See our editorial standards for how these pages are researched and checked.
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