Hunter in ‘Law360’ on NLRB Mail-Ballot Solicitation Decision Setting New Ground Rules

Senior Counsel Jerry M. Hunter was quoted June 10 by Law360 concerning the National Labor Relations Board’s (NLRB) ruling that mail-ballot solicitation altering an election outcome amounts to objectionable conduct. Labor attorneys were split on what impact the decision might have. On one hand, the decision didn't change the election in the case the board decided, which is a significant statement by itself, Hunter noted. The board has historically exercised complete control with manual elections, which was put at risk with the increased use of mail-ballot elections and created an opportunity for the board to reaffirm the integrity of its elections, he noted. "The board has always jealously guarded its election processes," Hunter said. "By finding that solicitation of mail ballots would be objectionable, the board is sending a strong enough message to employers and unions, even though the board didn't overturn the election here." Hunter is a former NLRB general counsel, having served during the administration of former President George H.W. Bush.