Secret Ballot Mandate: Proposed Bill Would Require NLRB Elections for All New Union Recognition

A new bill, the "Secret Ballot Protection Act," seeks to fundamentally change the rules for how unions are formed in workplaces across the country. It proposes amending the National Labor Relations Act (NLRA) to make secret ballot elections, overseen by the National Labor Relations Board (NLRB), the only pathway for workers to gain union representation. This means employers would be prohibited from voluntarily recognizing a union based on other shows of majority support, like signed authorization cards (often called 'card check').

The Shift to Election-Only Recognition

Currently, employers can choose to recognize a union if a majority of employees indicate they want one, often by signing cards. This bill would eliminate that option for any new union organizing efforts after the law takes effect. Section 3 of the bill is clear: employers can't recognize, and unions can't push for recognition from, a labor group unless it wins a formal, NLRB-run secret ballot election. The bill argues this ensures individual workers can make their choice privately, free from potential pressure from coworkers, union organizers, or management, framing the secret ballot as essential for democratic choice in the workplace.

What This Means on the Ground

Mandating NLRB elections standardizes the process but could also significantly slow down or complicate unionization drives. Formal election campaigns often take weeks or months, during which employers have more opportunities to present their own case against unionization. While the secret ballot guarantees privacy at the moment of voting, the required election process itself can become a high-pressure period. This change could particularly impact industries or smaller workplaces where quicker, less formal recognition methods like card check have been more common. Essentially, the path to forming a new union would exclusively run through a government-supervised election.

The Fine Print and Next Steps

Importantly, Section 3 clarifies that this change wouldn't break up existing union relationships that were established before this Act becomes law. If your workplace already has a recognized union (even if formed via card check years ago), this bill wouldn't automatically undo that. The legislation also gives the NLRB six months to update its regulations to align with these new requirements, should the bill pass. This proposal focuses squarely on the process of union formation, aiming to make the secret ballot election the sole gatekeeper for official union recognition moving forward.