Consent Election Law and 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.