NLRB\u27s Totality of Conduct Theory in Representation Elections and Problems Involved in its Application

At the heart of every representation election campaign lie the communications made by either side to the electorate-the stream of handbills, speeches, conversations and letters that seek to influence the final decision of the voters. It is through these partisan messages that employees obtain the bulk of information from which they must make a reasoned choice in accepting or rejecting unionization. On the one hand, limits have been imposed to restrict the content of what may be said by either party, while on the other, rules have been laid down to guarantee both employers and unions a reasonable opportunity to convey their views to the voters