The only time the NLRB can determine employees were not able to exercise their free choice in a union election and declare the vote invalid is when either the employer or the union commits an unfair labor practice.

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The NLRB can also declare a vote invalid for reasons other than unfair labor practices, such as election misconduct that affects the outcome of the vote, which does not necessarily have to be classified as an unfair labor practice.

The Only Time the NLRB Can Determine Employees Were Not