Although the NNRA does not predict a specific timeline for holding an election, most elections are held within two months of filing a petition. At the 2012 GJ, 93.9% of the first elections were held within 56 days of filing a petition. The media time to move to an election after a petition was filed was 38 days.46 NLRB, Basic Guide to the NLRA, p. 37. In a 1984 decision (Sure-Tan, Inc. v. NLRB, 467 U.S. 883), the U.S. Supreme Court ruled that the NLRA definition of workers excludes unauthorized workers. Thus, unauthorized workers can participate in trade unions and collective bargaining, participate in NR LNR elections and are protected from unfair labour practices. But the Supreme Court also ruled that no additional payments could be granted to unauthorized workers due to violations of unfair labor practices. See CRS Report RS21186, Hoffman Plastic Compounds v. NLRB and Backpay Awards to Undocumented Aliens (pdf), rubbed by [author`s name].
Once a union is certified or recognized, the union and employer are not required to enter into a first contractual agreement. If the union and the employer are unable to agree on a collective agreement, this is called an impasse69 An impasse can lead to a work stoppage. Workers can strike or the employer can block workers.70 Instead of going on strike or lockout, a union and an employer can use a neutral third party to help them reach a contractual agreement. A neutral third party can be used to reach an agreement on a contract of first or succession. While the NR LNR has developed detailed rules on appropriate units in health facilities, in other cases it takes an ad hoc approach and relies on a collection of factors that the board refers to as a “community of interest”. The board of directors generally favors larger units over smaller units, especially when the union is looking for the broader unit. When a competing union requests a petition for a smaller unit, contained in the larger unit desired by the petitioning union, as for example in the case where one union tries to represent a “wall-to-wall” unit of all production and maintenance employees in one unit, while another tries to represent only craftsmen in the maintenance service, The board of directors can either propose a “Globe” election in which artisans can vote for admission or exclusion as a group in the larger unit, and then propose the choice between union representation in the unit they voted for. . . .