When employees begin to consider forming a union, there is a specific process under federal law that leads to a union election. This process is controlled by the National Labor Relations Board (NLRB), a government agency that oversees labor practices in the United States. For employers, understanding how this process works is critical because the outcome can drastically alter how a business operates, communicates with staff, and makes decisions.

The process usually begins when a union believes it has support within a company. To trigger an official election, union organizers must collect signatures from at least 30% of employees in the proposed bargaining unit, often using what’s known as an authorization card. These cards are not just expressions of interest; they are legal documents that signal a desire for union representation. Many employees sign them without fully understanding what they mean or how they can be used to initiate a formal process that may bind everyone in the unit to union representation, even those who didn’t sign.

Once enough cards are collected, the union files a petition with the NLRB. If the NLRB agrees that the petition is valid and the proposed unit is appropriate, it will schedule an election. Employers are usually notified shortly after the petition is filed, and the timeline can move quickly. This is when the window for communication becomes extremely important. Business owners must operate within strict legal limits, but they still have the right to communicate with their employees about the realities of unionization, the changes it could bring, and the alternatives that exist to resolve workplace concerns.

From a business standpoint, union elections are high-stakes events. If a majority of those who vote choose the union, then management loses direct control over many aspects of employment. Wages, schedules, job duties, promotions, discipline, and benefits all become subjects of mandatory bargaining. The company must negotiate with the union and cannot change key terms or policies without agreement. This can stall innovation, limit flexibility, and create a long-term burden that affects competitiveness and profitability.

It’s also important to understand that unions often campaign by promising higher pay, better benefits, or more fairness. But once elected, they have no obligation to deliver those outcomes. The company is not required to agree to demands, and the end result may not be what employees expect. Worse, the bargaining process itself can create tension, legal fees, and distractions that harm productivity.

Another factor employers must consider is the impact on company culture. Union campaigns often divide the workforce, pitting coworkers against each other and management. After an election—regardless of the outcome—there is typically a period of unrest. Trust may be broken. Communication lines may be strained. It can take years to repair the damage and reestablish the sense of teamwork that many businesses rely on to succeed.

For companies that wish to remain union-free, early action is essential. That doesn’t mean suppressing organizing efforts; it means building a workplace environment where employees feel heard, valued, and informed. Businesses that invest in clear communication, fair treatment, and honest leadership are often able to maintain strong relationships with their staff without the need for a third-party representative. By focusing on employee satisfaction and directly addressing concerns before they escalate, many companies avoid elections altogether.

Employers should not wait for a petition to be filed before thinking about how they would respond. By the time the union reaches the 30% threshold, the campaign has often been underway behind the scenes for weeks or even months. Once the process is public, the company must act quickly, lawfully, and with a clear plan. Working with a labor advisor who understands this process and how to effectively communicate during this critical period can make a significant difference.

Ultimately, union elections change how businesses operate. They are not routine events—they are turning points that reshape the relationship between management and employees. Whether a company thrives or struggles after such a shift depends largely on how prepared they were going in and how well they understood the stakes.

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FAQs About Union Elections and How They Affect Employers

What triggers a union election?
A union election is triggered when at least 30% of employees in a proposed bargaining unit sign union authorization cards. These cards are submitted to the National Labor Relations Board along with a petition. The NLRB then reviews the request and, if it finds everything in order, schedules a vote among employees to determine whether they want to be represented by a union.

Are employers allowed to talk to employees during a union campaign?
Yes. Employers have the legal right to share their views about unionization, as long as they do not threaten, interrogate, promise benefits, or spy on union activity—often referred to as TIPS violations. Many business owners successfully communicate the drawbacks of unionization by being open, truthful, and timely with their messaging.

What happens if the union wins the election?
If a majority of voting employees choose union representation, the employer is required to bargain in good faith over wages, hours, and other terms of employment. This changes how management operates, limiting its ability to make independent decisions and increasing legal exposure. Any significant workplace change may require union approval through the bargaining process.

Can a company reverse a union election outcome?
It’s extremely difficult. Once a union is certified, it represents employees even if support fades. Decertifying a union later is legally possible, but requires another petition and a new election, typically after a year has passed. In practice, unions often become permanent fixtures, even in workplaces where many employees no longer want them.

How long does the union election process take?
From the moment a petition is filed, an election can occur in as little as three weeks. This short timeline gives employers very little room to respond. That’s why it’s important for companies to monitor signs of union activity early and prepare in advance for the possibility of an election campaign.

Can unions promise specific results to employees during a campaign?
They can promise whatever they want, but they are not legally obligated to deliver. There is no guarantee that employees will see improvements after voting for a union. All outcomes must be negotiated with the employer, and the employer is not required to agree to any specific terms. In some cases, employees may even end up with less than they had before.

Does unionization affect company culture?
Yes. Union campaigns often create division within the workforce and between employees and management. Whether a union wins or loses, the process can harm morale, reduce trust, and cause long-term damage to workplace relationships. Repairing that damage can be difficult, especially if the company was unprepared.

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Call Labor Advisors to Protect Your Business

If your company is facing union organizing activity—or if you simply want to strengthen your employee relationships and prevent future organizing efforts—the time to act is now. Labor Advisors helps businesses nationwide protect what they’ve built by fostering direct, open relationships with employees and creating strong workplaces that don’t need union intervention.

Call 1-833-4-LABOR-4 (1-833-452-2674) for a confidential consultation. Let’s protect your workforce, your business, and your future.