Cross-posted at WorkplaceHorizons.com

In a decision released yesterday, the National Labor Relations Board (NLRB) certified the United Auto Workers (UAW) as the bargaining representative of approximately 530 dealers at the Trump Plaza Hotel and Casino in Atlantic City, N.J.  In Trump Plaza Assocs. d/b/a Trump Plaza Hotel & Casino, 352 N.L.R.B. No. 76 (May 30, 2008), the Board considered the employer's allegations that various letters from federal and local elected officials supporting the union's organizing campaign prevented a fair election.  More troubling, just days before the NLRB election, Congressman Robert Andrews (D-NJ), and a number of local politicians and clergy held a press conference to announce a card-check "certification" of the union's majority status. 

The UAW won the March 31, 2007, election by a 324-149 vote. 

In the recent decision, NLRB Chairman Schaumber and Member Liebman agreed with an administrative law judge's recommendation to certify the UAW as the dealers' exclusive representative.  They found that Trump Plaza "failed to meet its heavy burden of demonstrating that the alleged objectionable conduct reasonably tended to interfere with employees' free and uncoerced choice in the election."  In essence, the Board concluded that there was no evidence that the eligible employees paid any attention to, or even knew of, the Congressman's mock "certification," and thus, it cannot be said that his behavior interfered with the employees’ free and uncoerced choice.

In the run-up to the 2008 elections and organized labor's full-court press for the passage of the Employee Free Choice Act (EFCA), this Board decision must be viewed as troubling to employers.  It certainly suggests that misleading political grandstanding by elected officials, and the acquiescent media coverage thereof, may well be permitted to influence the outcome of representation elections.  Employers must ensure that their communications with their employees regarding representational issues are adjusted accordingly to help dispel misconceptions and to combat outright falsehoods.