U.S. House Report Finds Widespread NLRB Misconduct In Mail Ballot Elections

In May 2024, the U.S. House Committee on Education and the Workforce (“Committee”) released its findings on allegations of misconduct by National Labor Relations Board (NLRB) officials in conducting mail ballot elections. The Committee found “widespread mismanagement, misconduct, and procedural irregularities in the NLRB’s administration of mail ballot elections.” 

In-person, onsite, secret ballot elections have historically been the preferred method for determining questions of union representation before the NLRB. But the use of mail ballot elections significantly expanded during the COVID-19 pandemic – often over employers’ strenuous objections. The result? Problems, lots of them. 

Specifically, the Committee found that mail ballot elections decreased voter participation and resulted in inappropriate voter solicitation, increased lost or void ballots, and difficulties verifying signatures. Evidence from an NLRB employee whistleblower, who provided  documentation covering irregularities in 15 different NLRB regions, revealed “numerous instances of NLRB staff misconduct through their failure to follow NLRB procedures or . . . stipulated election agreements.”  The Committee found “clear evidence that the NLRB is unable to conduct mail-ballot elections in a reliable manner.” 

Documentation provided by the NLRB further corroborated that “NLRB regions across the country were woefully careless in ensuring that the proper procedures for mail ballot elections were followed.” Additional evidence from a 2023 report by the NLRB’s Office of the Inspector General showed “gross mismanagement by NLRB employees” conducting an election as well as “a lack of candor from the NLRB Region 14 Director in responding to the investigation, and deficient record keeping in the election’s case file.” 

Additionally, the Committee found that the NLRB and its General Counsel have failed to develop or implement safeguards to prevent misconduct from occurring in future mail ballot elections despite their interest in increasing and “normalizing” the use of this election method. The Committee soundly rejected this approach, determining that mail ballot elections are inferior to in-person, secret ballot elections and encouraging the Board to “recommit” to in-person elections. 

The attorneys of KZA have extensive experience with NLRB elections, both in-person and mail ballot elections. If you are facing a union election or need assistance with an NLRB matter, please contact a KZA attorney. 

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