A Michigan hospital failed to overturn a union election victory through the NLRB, with the board denying the employer’s request to review a regional official’s certification decision. The hospital argued that the union election should not have proceeded, but the NLRB panel found that the employer failed to raise issues that could not have been addressed during the original representation proceeding. The decision reinforces that employers must challenge union elections at the proper procedural moment or lose the right to later challenge results.
Union elections proceed in stages, with opportunities for employers to object at each point. Once a union wins an election and the NLRB regional office certifies the result, employers face strict procedural requirements to challenge certification. The hospital attempted to mount a challenge after the certification, arguing the election should be invalidated.
The NLRB panel applied strict procedural rules, finding that any issues the hospital wanted to raise should have been brought as objections before certification occurred. By waiting to challenge after certification, the hospital lost its opportunity for NLRB review.
Healthcare employers regularly deal with union organizing. This ruling illustrates that timing is critical when challenging union elections. Employers cannot sit on objections and raise them later; all challenges must follow strict procedural timelines.
For construction contractors and other employers with unionized or organizing workforces, understanding these procedural requirements is essential. Missing a deadline forecloses all challenges.
Employers facing union elections should:
• File all objections within seven days of the election
• Raise any election conduct concerns immediately
• Document improper union behavior during campaigns
• Consult counsel before the election to understand objection requirements
• Understand that missing deadlines eliminates ability to challenge
• Recognize that certification becomes final if proper procedures aren’t followed
• Focus on preventing organizing rather than challenging elections post-certification
Challenging union elections after they’re won is extremely difficult; employers should focus on the organization and campaign stages.
Employers will continue using objections as tools to challenge elections, but courts and the NLRB will strictly enforce procedural requirements. Healthcare employers should work with counsel to develop election response strategies that include timely objection procedures. For construction contractors, similar principles apply: union election challenges must follow strict procedural rules or employers lose all rights.