Trump NLRB Disenfranchises Voters Who Aren’t Careful

May 14, 2020 by Andrew Baker

Employees casting their ballots in an NLRB election have a simple choice: Place an “x” in the YES box, or place an “x” in the NO box. Unfortunately, all too often, a voter places marks in BOTH boxes. Historically, the NLRB has examined this type of ballot to ascertain the voter’s true intent. For example, smudge marks indicating an attempt to erase a partial “x” in the NO box, while a clean and complete “x” is found in the YES box would likely result in the ballot being counted as a YES vote.

The Trump NLRB has now turned this long-standing policy on its head. In a decision issued May 13, the Trump appointees declared that from now on, “where a ballot includes markings in more than one square or box, it is void.” Portland Health & Services, 369 NLRB No. 78.

These Board members declared an intent to create a “bright-line” rule, so it must be anticipated that ANY markings of any nature in more than one box will void the ballot.

So it is now extremely important for Unions to remind their supporters when voting in an NLRB election that they must take care to mark JUST the ballot’s YES box. Voters should also be reminded that if they make a mark in the wrong (NO) box, that they should return the “spoiled” ballot to the NLRB agent conducting the election, and request a clean replacement ballot to use.

The material on this website is provided by Beeson, Tayer & Bodine for informational purposes only and does not constitute legal advice. Readers should consult with their own legal counsel before acting on any of the information presented. Some of the articles are updated periodically, and are marked with the date of the last update. Again, readers should consult with their own legal counsel for the most current information and to obtain professional advice before acting on any of the information presented.