New NLRB rules allow the NLRB to certify a union as representative of the bargaining unit even if some disputed ballots exist, as long as there are not enough of them to change the outcome of the election.

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The new NLRB rules, implemented in April 2020, allow for certification of a union as representative of the bargaining unit even if there are some disputed ballots, as long as they would not have the potential to change the outcome of the election. This is a departure from previous rules that required all disputed ballots to be resolved before certification.

New NLRB Rules Allow the NLRB to Certify a Union