Why voluntary recognition?

What does “Voluntary Recognition” mean?

Voluntary recognition is a way for employers and newly organized employees to negotiate, expeditiously, on friendly terms. Per the U.S. Department of Labor, recognizing an employee union voluntarily respects the wishes of staff who’ve shown majority support for union representation without requiring a formal election through the National Labor Relations Board (NLRB). (1,2) With recent cuts to NLRB staffing during this federal administration, a formal election could take months and could open up liabilities to the college and its employees. Entering into negotiations voluntarily, with professional mediation, trusted third-party card check, and mutually agreed-upon terms, will start our collective bargaining relationship with the College on a positive note and streamline the process. As staff, we have needs that can’t wait, so we are holding our employer to take the high road and swiftly begin negotiations in good faith.

Why Does Voluntary Recognition Matter?

Respects clearly demonstrated majority support

Since a clear majority of employees have signed cards stating their support, voluntary recognition honors that choice without putting it at risk in a NLRB election.

Builds goodwill and cooperative relationships

Choosing voluntary recognition fosters a more collaborative relationship between staff and the College administration and reduces conflict around bargaining.

Avoids legal risk under current federal law

Under the NLRB’s current framework following the Cemex decision, once a union presents evidence of majority support, the employer must either recognize the union or promptly file for a NLRB election. (3) If the employer does neither, or delays, the union may file an unfair labor practice charge, and the NLRB may order recognition without an election.

Minimizes operational disruption

An election campaign can be divisive and resource-intensive. Voluntary recognition shortens the timeline and reduces uncertainty for both staff and administration.

What Happens Next?

If the College Voluntarily Recognizes the Union

1.     The union becomes the exclusive bargaining representative.

2.     The College and the union begin good-faith collective bargaining over terms and conditions of employment.

3.     If mutually agreed upon, a third-party card check may be used to independently verify majority support. This could add some challenges, including less control over timing.

4. While we are not planning on going this route, a Certification of Representative (RC) Petition is what unions file when they have the requisite number of authorization cards signed and seek to have a secret ballot election to unionize a workplace. (4)

If the College Does Not Voluntarily Recognize

1.     Under the current National Labor Relations Board framework, the College must promptly file a Representation Management (RM) petition for election, generally within two weeks of the union’s request. (5)

2.     If the College does nothing, the union may file an Unfair Labor Practice (ULP) charge for refusal to bargain, and the NLRB could order recognition based on majority support. (6)

3.     If an election proceeds and unfair labor practices occur, the NLRB may dismiss the election and order bargaining without a vote. (7)

4.     Declining voluntary recognition may ultimately lead to mandatory recognition through legal process, potentially with less control over timing.

In Summary

Voluntary recognition allows the college to recognize the union as the exclusive bargaining representative based on clear majority support demonstrated through signed authorization cards, without requiring a formal National Labor Relations Board election. It respects employees’ expressed wishes, minimizes disruption, reduces legal risk under the current federal framework, and allows both parties to begin collective bargaining promptly and in good faith.

 We believe voluntary recognition is the most constructive and efficient path forward. Staff have urgent needs, and we are eager to begin bargaining in good faith and build a positive working relationship with the College.

Citations

1. U.S. Department of Labor. Neutrality guidance. Published [year unknown]. Accessed February 26, 2026. https://www.dol.gov/sites/dolgov/files/general/workcenter/Neutrality-Guidance.pdf

2. Beyond Neutrality. How and why to voluntary recognition. Published [year unknown]. Accessed February 26, 2026. https://www.beyondneutrality.org/how-and-why-to-voluntary-recognition

3. National Labor Relations Board. Board issues decision announcing new framework for union representation. Published August 25, 2023. Accessed February 26, 2026. https://www.nlrb.gov/news-outreach/news-story/board-issues-decision-announcing-new-framework-for-union-representation

4. Austin Legal. Difference Between RC, RM, RD, and UC Petitions. Published March 15, 2012 https://mattaustinlaborlaw.com/difference-between-rc-rm-rd-and-uc-petitions/ 

5. Worklaw Network. NLRB General Counsel issues guidance on Board decision: employer responses to demands for voluntary recognition. Published November 5, 2023. Accessed February 26, 2026. https://www.worklaw.com/index.php/blog/nlrb-general-counsel-issues-guidance-board-decision-employer-responses-to-demands-for-voluntary-recognition

6. Crowell & Moring LLP. The NLRB’s one-two punch gives unions a significant boost. Published September 8, 2023 . Accessed February 26, 2026. https://www.crowell.com/en/insights/client-alerts/the-nlrbs-one-two-punch-gives-unions-a-significant-boost

7. Honigman LLP. Client Alert 2539. Published January, 8 2024. Accessed February 26, 2026. https://www.honigman.com/alert-2539