NLRB General Counsel Releases Electronic Signature Guidance
NLRB General Counsel Releases Additional Electronic Signature Guidance
A new NLRB memorandum that came out on October 26 contains several examples of the steps and communication a union must follow in order to file an electronic signature as part of an election petition. Each of the four examples is shown below.
Example 1
DECLARATION IN SUPPORT OF SHOWING OF INTEREST TO SUPPORT SHOWING OF INTEREST IN JONES CORP., 35-RC-0987654
I am Margaret Alpha, Business Agent for Widget Workers Local 1, the petitioner in Jones Corp., 35-RC- 0987654.
Each individual employee interested in joining the Union organizing drive went to the website we set up. They filled out their names, email addresses, phone numbers and employer name on an online form containing language providing that they wished to be represented for collective-bargaining purposes by the Union and clicked on “I agree”. The electronic signatures we’re providing identify the signing employee, because that is the information that they typed onto the form.
Upon receipt of the email, a Union agent sent a Confirmation Transmission to the employees’ email accounts stating and confirming all the information that the employees sent and that the Union received in the employees’ emails. We are also including any responses to the Confirmation Transmission that we received from signatory employees prior to the filing of this showing of interest.
Example 2
DECLARATION IN SUPPORT OF SHOWING OF INTEREST TO SUPPORT SHOWING OF INTEREST IN JONES CORP., 35-RC-0987654
I am Jonathan Beta, Business Agent for Widget Workers Local 1, the petitioner in Jones Corp., 35-RC- 0987654.
The petitioner collected electronic signatures from unit employees for the purposes of its showing of interest in the following manner:
Agents of the Union directed each individual employee who wanted the Union to represent him or her for the purposes of collective bargaining to send an email to organizing@widgetworkers1.org. They included their name, email address, phone number and employer name in the email, with language indicating that they wished to be represented for collective-bargaining purposes by the Union. The electronic signatures we’re providing identify the signing employees, because the employees sent the emails from email addresses that are known to be used by the employees.
Upon receipt of the email, a Union agent sent a Confirmation Transmission to the employees’ email accounts stating and confirming all the information that the employees sent and that the Union received in the employees’ emails. We are also including any responses to the Confirmation Transmission that we received from signatory employees prior to the filing of this showing of interest.
Example 3
To: jane.smith@gmail.com
Subject: Confirmation of Submission of Electronic Authorization to Local 123 of the Widget Makers Union to Represent You
Dear Jane Smith:
This email is to confirm that Local 123 of the Widget Makers Union received an electronic submission of authorization from you to represent you and other employees of XYZ Manufacturing for purposes of collective-bargaining.
The information that we received from you was as follows:
a. Name: Jane Smith
b. Email address: jane.smith@gmail.com
c. Telephone number: (555) 555-5555
d. Language You Agreed To: “I wish to be represented by Local 123 of the Widget Makers Union for purposes of collective bargaining.”
e. Date Submitted: June 30, 2015
f. Employer Name: XYZ Manufacturing
If you did not submit this authorization, please immediately reply to this email and let us know that you did not submit the authorization.
If you submitted the information and it is correct, you do not need to do anything. We will provide you with further information about our efforts to represent you. If you submitted the information but you see there is an error in some of the information provided, please reply and provide the corrected information.
Thank you.
Local 123 Widget Makers Union
www.local123widgetmakers.com
Example 4
To: jane.smith@gmail.com
Subject: Confirmation of Electronic Submission That You Do Not Want to be Represented by Widget Makers Union Local 123
Dear Jane Smith:
This email is to confirm that I received an electronic submission from you stating that you do not wish to be represented by Local 123 of the Widget Makers Union for purposes of collective-bargaining.
The information that I received from you was as follows:
a. Name: Jane Smith
b. Email address: jane.smith@gmail.com
c. Telephone number: (555) 555-5555
d. Language You Agreed To: “I do not wish to be represented by Local 123 of the Widget Makers Union for purposes of collective bargaining.”
e. Date Submitted: June 30, 2015
f. Employer Name: XYZ Manufacturing
If you did not submit this authorization, please immediately reply to this email and let me know that you did not submit the authorization.
If you submitted the information and it is correct, you do not need to do anything. I will provide you with further information about our efforts to no longer be represented by Widget Makers Local 123. If you submitted the information but see there is an error in some of the information provided, please reply and provide the corrected information.
Thank you,
Paul Petitioner