Union Representation Elections: Law and Reality: The Authors Respond to the Critics

In Union Representation Elections. Law and Reality (hereinafterLaw and Reality without cross-reference), we examined the desirabilityof continued National Labor Relations Board (NLRB) regulationof pre-election campaigning. Our central finding, based upon astudy of thirty-one elections, and interviews with over 1000 employees,was that unlawful campaigning has no greater effect on employeevoting behavior in a union representation election than doeslawful campaigning. Hence, we recommended that the Boardshould no longer attempt to distinguish between lawful and unlawfulcampaigning; that the results of an election, once conducted, shouldbe final; and that speech should be wholly free - that the Boardshould neither set aside elections nor find unfair labor practicesbased on oral or written communications by an employer or a union