Hunter in ‘Law360’ on NLRB Decision Concerning Mismarked Union Election Ballots

St. Louis Partner Jerry Hunter was quoted May 14 by Law360 concerning a precedent-shifting decision from the National Labor Relations Board (NLRB) that says union election ballots with marks both for and against unionizing should not be counted. The board said officials should not attempt to discern the voter’s intent, instead saying ballots are void when they have “markings in more than one square or box.” Hunter, a former NLRB general counsel, said “it’s not an easy thing” to discern voters’ intent on mismarked ballots. “Even though in this case the union lost the vote, I think the rule is a balanced rule, in my view, and will apply to all sides,” he said. “If there are markings in both boxes … it’s going to be void.”