1. 1 ELECTION STANDARDS HOLLYWOOD CERAMICS/ GENERAL KNIT : Election overturned when there is: –a substantial departure from truth –timed so that other party cannot effectively reply –reasonable expectation that election may have been affected – misrep of facts within special knowledge of campaigner SHOPPING KART/ MIDLAND: Election overturned when there is: –forgery which renders voters unable to recognize propaganda for what it is –alteration of a Board document to indicate an endorsement of one party

2. 2 RATIONALE FOR DIFFERENT VIEWS REGULATION –principle of “laboratory conditions” as a vehicle for protecting employee free choice –employees should be protected from deceptive campaign practices –-obligations of Board to insure fair elections DEREGULATION –objectivity in administration of NLRA and campaigns –finality in election results due to reducing ambiguity in election standards and scope of objectionable conduct –employees can discern propaganda and evaluate it

3. 3 PERIODS OF ELECTION REGULATION ELECTIONS REGULATED FROM 1948 - 77, 1978-82 ELECTIONS DEREGULATED FROM circa 1944- 1948, 1977-78, 1982- present

4. 4 NLRB DOCTRINE ON REGULATING CAMPAIGN PROPAGANDA REGULATE ELECTIONS –GENERAL SHOE (‘48) –GUMMED PRODUCTS (‘55) –HOLLYWOOD CERAMICS (‘62) –GENERAL KNIT (‘78) DEREGULATE ELECTIONS –MAYWOOD HOSIERY (‘45) –SHOPPING KART (‘77) –MIDLAND NATIONAL LIFE (‘82)