Contrary to your

Contrary to your allegations, the Board did not raise the burden of proof or "give a green light to stage fake certification ceremonies" in Trump Plaza.

Under longstanding Board law, the Board will not set aside an election unless the objecting party demonstrates that objectionable conduct could well have affected the election result. In Trump Plaza, the Union won the election by 175 votes. The objecting party proved only that 2 eligible voters witnessed the politicians' certification ceremony. The Board refused to set aside the election because the objecting party had failed to come close to proving that enough voters knew of the ceremony such that it could have affected the election result. Consequently, the Board declined to address whether the ceremony had a reasonable tendency to interfere with employee free choice.

You should fault the objecting party for failing to prove that more voters learned about the ceremony.

Reply

The content of this field is kept private and will not be shown publicly.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Allowed HTML tags: <a> <em> <strong> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd> <p> <div> <br> <b> <i> <blockquote>
  • Lines and paragraphs break automatically.

More information about formatting options


Terms of Web Site Use

Copyright © 2008 National Right to Work Legal Defense Foundation
 National Right to Work Legal Defense and Education Foundation, Inc.
8001 Braddock Road / Springfield, Virginia 22160
(703) 321-8510 | (800) 336-3600 / (703) 321-9613 fax - general (703) 321-9319 fax - legal department