1844 Baxter v. UAW Local Union 659

Case No: 1844

2021

In election cases, a challenger must show by clear and convincing evidence that some improper practice occurred to such a degree that it could have affected the outcome of the election.  In this case, Appellant has not established that any election violations occurred.  Appellant’s primary complaint is that he was unfairly disadvantaged by the Local’s rule against in-person campaigning on company property and at the union hall.  To be sure, under normal circumstances, a similar rule limiting in-person campaigning would likely be found unnecessarily restrictive and, therefore, unacceptable.  However, considering that Local 659’s election took place at the height of the COVID-19 epidemic, and well before vaccinations were available, the limitation on in-person campaigning in this instance was reasonable.  The Board also notes that employers are not required to permit retirees or laid-off employees into the workplace for the purpose of campaigning even under normal circumstances. 

Issues addressed in this decision