Search form

Election Day Raffles Draw Losing Ticket

By Howard M. Bloom and Patrick L. Egan
  • July 7, 2001

Reversing many years of case law, the Labor Board has determined that all election day raffles constitute per se objectionable conduct and are a sufficient reason for the Labor Board to overturn an employer's election victory. Since a higher turnout on election day usually favors the employer, many have used raffles with prizes to encourage employees to come to work on the day of the election and vote. Now, and until such time as the Labor Board reverses its position, election day raffles are unlawful.

The decision was made by a 3-2 vote by the five-member Labor Board. While the decision may be reversed after changes in the composition of the Labor Board under the Bush Administration, for the time being, employers must use alternative methods to encourage employees to vote. So, make sure your employees know about the significance of the election and what may be at stake for them in the outcome.

©2001 Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome.

Reproduction of this material in whole or in part is prohibited without the express prior written consent of Jackson Lewis P.C., a law firm that built its reputation on providing workplace law representation to management. Founded in 1958, the firm has grown to more than 900 attorneys in major cities nationwide serving clients across a wide range of practices and industries including government relations, healthcare and sports law. More information about Jackson Lewis can be found at www.jacksonlewis.com.

See AllRelated Articles You May Like

June 3, 2019

Labor Board to Revisit Right of Graduate Students to Unionize

June 3, 2019

The National Labor Relations Board (NLRB) has announced that it will propose rules on the standard for determining whether students who perform services at private colleges or universities in connection with their studies are “employees” within the meaning of Section 2(3) of the National Labor Relations Act (29 U.S.C. Sec. 153(3)), with... Read More

May 20, 2019

Labor Board General Counsel’s Review of Employer Work Rules a Mixed Bag

May 20, 2019

The National Labor Relations Board’s (NLRB) General Counsel (GC) has issued an Advice Memorandum on whether unfair labor practice charges alleging four employer rules violated the National Labor Relations Act (NLRA) have merit. In a Memorandum released on March 14, 2019, the GC concluded that the employer’s dress-code, confidential-... Read More

May 17, 2019

A Numbers Game: Labor Board Rules on Successor Employer’s Bargaining Obligation

May 17, 2019

The National Labor Relations Board (NLRB) has held that an operator of a unionized nursing home pursuant to a lease agreement with the former owner and operator was a successor employer under the National Labor Relations Act (NLRA), despite the fact that a majority of its bargaining unit employees did not come from the bargaining unit of... Read More

Related Practices