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NLRB Issues In Person Voting Guidance For Coronavirus Pandemic


Last Monday, the National Labor Relations Board (“NLRB”) issued a memo which provides guidance on conducting in person voting for union elections during the coronavirus pandemic.

The memo comes from NLRB General Counsel Peter Robb and provides a great deal of information.  In particular, Robb gives agency employees a few protocols to implement when conducting union elections:  1) provide a spacious polling area to ensure six feet of distancing; 2) separate entrances and exits for voters; 3) separate tables, spread six feet apart, so Board Agents, observers, ballot booths, and ballot boxes are sufficiently distanced; 4) ensure that the employer provides disposable pencils for each voter; 5) have the employer provide glue sticks or tape to seal challenged ballots; 6) take steps to have the employer provide plexiglass barriers to separate Board Agents and observers; and 7) strive to comply with CDC guidelines by having all voters, observers, party representatives, and other participants wearing face coverings.

Now bear in mind that this memo only provides guidance, rather than imposing stringent rules.  Nevertheless, it does provide a basic framework for what will likely become the standard protocol for in person union elections for the next few months.



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