While some people may have been on vacation at the end of August, the past few weeks have been extremely busy at the National Labor Relations Board ("NLRB" or "Board"), with a series of decisions that will continue to make it easier for unions to organize non-union employers.
Virtual Organizing Has Arrived! The General Counsel Issues Guidance that Electronic Signatures Are Valid In Representation Cases
On September 1, the General Counsel issued guidance that unions may submit electronic signatures to satisfy a showing of interest in representation cases. No longer will an actual signed union authorization card be necessary, opening the door for virtual organizing, eliminating physical barriers that may previously have prevented union organizers from communicating with employees.
Memorandum GC 15-08 details the requirements for petitions containing electronic signatures to be valid. Such submissions must include:
the signer's name; the signer's email address or other known contact information (e.g., social media account); the signer's telephone number; the language to which the signer has agreed (e.g., that the signer wishes to be represented by said union for purposes of collective bargaining or no longer wishes to be represented by said union for purposes of collective bargaining); the date the electronic signature was submitted; and, the name of the employer of the employee. The General Counsel also requires the party submitting the electronic signature to submit additional information identifying and explaining what technology was used to ensure that the electronic signature is that of the signatory employee, that the employee herself signed the document, and that the electronically transmitted...
