NLRB Provides Guidance on In-Person Election Protocols

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The National Labor Relations Board’s Office of General Counsel released a memo, GC 20-10, that provides guidelines for conducting manual elections during the pandemic.

The memo reiterates that Regional Directors have the authority to make initial decisions about how elections are conducted on a case-by-case basis, considering numerous variables that include: “the safety of Board Agents and participants when conducting the election, the size of the proposed bargaining unit, the location of the election, the staff required to operate the election, and the status of pandemic outbreak in the election locality.” The ultimate authority, however, is reserved to the Board.

The memo covers:

  • Election mechanics (e.g. timing of release of voters, handling of ballots, content of election agreements, booths)
  • Company and individual certifications, forms for which are attached to the memo, as to cleaning of the polling area and illnesses in the workplace, as well as individual tests and exposures.
  • Notification to the Regional Director of those in the facility on election who test positive during the subsequent 14 days.
  • Election arrangements to be contained in the Election Agreement (e.g. social distancing requirements, barriers, masks and PPE, etc.)
  • Travel logistics for Board Agents