NLRB to hear dispute over worker's signature in mail-in union election

A hearing must be held to resolve legitimate questions about the authenticity of a worker's signature on what could be the deciding vote in a mail-ballot union election, the National Labor Relations Board (NLRB) recently decided. The ruling highlights the Board's concerns with maintaining the integrity of its mail-in voting system.

Facts

Workers at a Boston education-related nonprofit participated in a mail-ballot election in the summer of 2020 to determine whether they would join the Service Employees International Union (SEIU) affiliate. Six workers voted in favor of unionization, six voted against it, and seven ballots were challenged. In the event of a tie, the unionization effort would fail.

The NLRB's acting regional director in Boston sustained the challenges to six of the seven ballots, finding they had been cast by workers who were fired about six weeks before the election. The remaining challenged ballot, which would determine the election, was cast by Alberto Quesada. The employer challenged the ballot because the markings on the envelope were illegible and didn't match known examples of his signature.

In support of the challenge, the employer submitted seven documents bearing Quesada's signature, including his IRS W-4 form, his direct-deposit authorization, and his Form I-9 employment eligibility verification. After reviewing the documents, the regional director stated: