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Monday, May 4, 2026

Maligned Mail Ballots and Whistleblowers: The NLRB's Credibility ... - uschamber.com

In 2020, the National Labor Relations Board (NLRB or “Board”) significantly increased the frequency of elections conducted by mail-ballot rather than traditional in-person secret balloting by employees. This was a significant departure from the Board’s prior position disfavoring the use of mail-ballots as a flawed, ineffective, and unfair process for elections in most circumstances. In some ways, the Board’s decision at the time was reasonable—the country was in the midst of the COVID-19 pandemic, and there was concern that in-person elections might put voters and Board agents at risk.

Unfortunately, the Board has hung on to the widespread use of mail-ballot elections for far too long. Three years later, it has become clear that its historic wariness of mail-ballot elections was correct and justified. Election data and anecdotal evidence demonstrate that the experimental increase of mail-ballot elections has prejudiced the rights of both employees and employers by stifling voter participation and skewing outcomes in favor of union representation.

Most alarming are recent allegations that mail-ballot elections open the door to substantial interference and election manipulation by both labor unions and the Board—the agency tasked with protecting the fairness and integrity of union elections. These allegations, brought...



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