REPRESENTATION ISSUES; ELECTIONS – Employer Conduct

Single Topic for Decision A387M

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An employer’s conduct during an election campaign will justify setting aside the election only when the conduct actually affects, or has a natural or probable effect on, employee free choice. The conduct need not constitute an unfair practice to set aside the election. Conversely, conduct amounting to an unfair practice does not necessarily require the election to be set aside. Election objections properly dismissed when no more than a handful of employees knew of the employer’s alleged conduct and thus the conduct did not affect, or have a probable effect on, employee free choice in the election.