Consent Election Law & Legal Definition
A consent election is an election in which an employer and union agree to waive the pre-election hearing. Consent elections are generally held if there is no substantial issue in dispute between the employer and unions involved in a representation case. The critical issues which must be worked out in any case include:
- Date, time and place for the election,
- The description of the appropriate bargaining unit,
- The payroll eligibility date, or date upon which a person must be employed to be eligible to vote, and
- The eligibility of specific employees (usually an issue of who is a supervisor).
The election is informal because the preliminary issues listed above are resolved, at least tentatively, without the need for a hearing. In a consent election, the parties agree to all preliminary issues and agree to allow the Regional Director to resolve any objections or challenges which occur in the election.
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