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What a representation petition is

This page is legal information, not legal advice. It describes what the law says. It cannot tell you what to do about your own situation.

A charge says somebody broke the law. A petition asks a different question: who, if anyone, speaks for this group of workers. The Board handles both, and its case numbers tell you which is which.

Reading the case number

Every Board case number has three parts: the region, the case type, and a serial number. 01-CA-123456 is a charge against an employer in Region 1. 01-RC-123456 is a petition for an election in the same region.

The letters that begin with C are charges. The letters that begin with R are representation cases:

RC A petition by workers or a union asking for an election to certify a union as their representative.
RD A petition asking for an election to decertify a union that currently represents them.
RM A petition filed by an employer.
UC A petition to clarify which jobs are inside an existing bargaining unit.
UD A petition about a union security clause.
AC A petition to amend an existing certification.

What a petition needs

An RC petition must be supported by evidence that at least 30 percent of the workers in the proposed unit want an election. That evidence is usually signed cards or a petition, and it is not shown to the employer.

The Board then decides whether the group of jobs the petition describes is an appropriate unit, and directs an election. Section 9 of the Act is what gives it that authority.

After the vote

Ballots are counted and a tally is prepared and given to the parties. Any party then has five business days to file objections to how the election was conducted or to conduct that affected its result. If nothing is filed and no ballots are in dispute, the region certifies the outcome.

Where this comes from

National Labor Relations Act, Section 9, codified at 29 U.S.C. § 159.
Objections after a tally, five business days: 29 C.F.R. § 102.69(a)(8).
The Board's own description of the case type letters, on nlrb.gov.

The Labor Board FYI is independent, and is not the Board or any government agency. Where a number here disagrees with the Board's, the Board is right: tell us at [email protected]. If a name here is a private person and not a business or a union, write to the same address and it comes off. Where this comes from.