Document Type



Union Representation Elections: Law and Reality: The Authors Respond to the Critics, 79 Michigan Law Review 564 (1981)


In Union Representation Elections. Law and Reality (hereinafter
Law and Reality without cross-reference), we examined the desirability
of continued National Labor Relations Board (NLRB) regulation
of pre-election campaigning. Our central finding, based upon a
study of thirty-one elections, and interviews with over 1000 employees,
was that unlawful campaigning has no greater effect on employee
voting behavior in a union representation election than does
lawful campaigning. Hence, we recommended that the Board
should no longer attempt to distinguish between lawful and unlawful
campaigning; that the results of an election, once conducted, should
be final; and that speech should be wholly free - that the Board
should neither set aside elections nor find unfair labor practices
based on oral or written communications by an employer or a union.

Date of Authorship for this Version



elections, labor