Human Resources Group of West Michigan
Legal Update – October 2015
By: Nathan D. Plantinga and Kevin D. Battle
Miller Johnson
The NLRB’s Acceptance of Electronic Signatures for Election Petitions
On September 1, 2015, the National Labor Relations Board’s General Counsel, Richard F. Griffin, Jr., issued Memorandum GC 15-08, “Guidance Memorandum on Electronic Signatures to Support a Showing of Interest.” The Board will now permit the use of electronic signatures to demonstrate the 30% showing of interest requirement necessary to hold a union election. The Board concluded that Congress “manifested its intention that Federal agencies accept and use electronic forms and signatures, when practicable—i.e., when there is a cost-effective way of ensuring the authenticity of the electronic form and electronic signature given the sensitivity of the activity at issue, here the showing of interest.”
The General Counsel determined that the use of electronic signatures would provide a substantial benefit to the public and the Board by: (1) making it easier to read and confirm the identity of the signer; (2) conforming the process to match the way the public operates in various aspects of their lives – electronic signature pads for credit cards, online purchases, e-filing tax returns, etc.; and (3) allowing employees who wish to sign authorization cards the opportunity to sign them in a private setting.
The General Counsel found that the evidentiary standards that apply to handwritten signatures apply equally to electronic signatures. As a general rule, the Board presumes that both written and electronic signatures in support of a showing of interest are authentic and valid unless there is credible evidence that demonstrates otherwise.
For electronic signatures to be considered authentic and acceptable, they must contain the following information:
a.The signer’s name;
b.The signer’s email address or other known contact information (e.g., social media account);
c.The signer’s telephone number;
d.The language to which the signer has agreed (e.g., that the signer wishes to be represented by ABC Union for the purposes of collective bargaining or no longer wishes to be represented by ABC Union for the purposes of collective bargaining);
e.The date the electronic signature was submitted; and
f.The name of the employer of the employee.
A party submitting electronic digital signatures must also submit a declaration identifying the electronic signature technology used and explaining how its controls ensure that the electronic signature is that of the employee and that the employee him/herself signed the document, as well as verification that the electronically transmitted information is the same information seen and signed by the employee. If the technology being used does not allow for this level of verification, additional evidence must be submitted to support the authenticity of the electronic signature.
While the Board characterizes the decision to allow electronic signatures as insignificant and consistent with Congress’s directive that federal agencies should accept and use electronic forms and signatures when practicable, the decision is another example of the Board encouraging and promoting the idea of quicker, easier union organizing. Viewed in light of the “quickie election” rules enacted by the Board earlier this year, we can expect to see a continued increase in the number of petitions being filed and quicker elections being held.
If you have any questions regarding this article or other matters, please contact the authors for more information:
Nathan Plantinga (616) 831-1773;
Kevin Battle (616) 831- 1718;
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