Why Organize?
WILL THE COMPANY KNOW IF I SIGN A UNION CARD? What Management Cannot Do During the Course of an Organizing Drive
The Card You Sign To Petition For Union Recognition Is Confidential. The Company Does Not See The Card, And Cannot Ask If You Have Signed One. This Is Protected By Federal Law.
5-900 Investigations of Showing of Interest “An integral and essential element of the Board’s showing-of-interest rule is the nonlitigability of a petitioner’s evidence as to such interest. The Board reserves to itself the function of investigating such claims, and in its investigation it endeavors to keep the identity of the employees involved secret from the employer and other participating labor organizations. . . . The Board’s requirement that petitions be supported by a 30-percent showing of interest gives rise to no special obligation or right on the part of employers.’’ S. H. Kress & Co., 137 NLRB 1244, 1248–1249 (1962).
In keeping with these policies, a hearing officer is barred by the Board’s Rules and Regulations from producing the evidence of interest. Plains Cooperative Oil Mill, 123 NLRB 1709, 1711 (1959), and the Board refused to supply cards in response to a subpoena. Irving v. DiLapi, 600 F.2d 1027 (2d Cir. 1979). The manner, method, and procedure in determining the showing of interest is not for disclosure. Pacific Gas & Electric Co., 97 NLRB 1397 fn. 3 (1951). In Smith’s Food & Drug Centers, 320 NLRB 844 (1996), the Board, on review, found sufficient evidence of lack of a showing of interest to dismiss the petition without a remand to the Regional Director. (http://www.nlrb.gov/nlrb/legal/manuals/outline_chap5.pdf)
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