Open the record of a section 9 representation petition
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the file, list who filed the petition, the allegation the file states, any hearing date, any election date, and any certification. Do not draft the petition, and do not decide the bargaining unit.
- What the lawyer must review
- You decide whether a petition is filed, and you write it. Section 7 (29 U.S.C. § 157) gives employees the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for collective bargaining or other mutual aid or protection, and the right to refrain, except as an agreement authorised by section 8(a)(3) may affect that right. Section 9(a) (29 U.S.C. § 159(a)) makes representatives designated or selected by a majority of the employees in an appropriate unit the exclusive representatives of all the employees in that unit for bargaining over rates of pay, wages, hours, or other conditions of employment. An employee or group may present a grievance and have it adjusted without the representative if the adjustment is not inconsistent with a contract then in effect and the representative has had an opportunity to be present. Section 9(c) provides for a petition by an employee, a group, or a labor organization acting for them, alleging that a substantial number wish to be represented and the employer declines to recognise the representative, or that a certified or recognised representative is no longer the representative, and for a petition by an employer alleging that a claim for recognition has been presented. If the Board has reasonable cause to believe a question of representation affecting commerce exists, it provides a hearing upon due notice. If it finds that question on the record, it directs a secret-ballot election and certifies the results. No election is directed in a unit or subdivision in which a valid election was held in the preceding twelve months. If no choice receives a majority, a run-off is held between the two choices with the largest and second-largest number of valid votes. A hearing may be waived by stipulation for a consent election. The Board's petition regulations were not opened. The opened text does not require the employer to issue a prescribed notice of representational rights.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.