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Section 9 of the NLRA contains the general principles governing the selection of a union as the exclusive collective bargaining representative of employees in a bargaining unit.1 After a union is selected, it retains the right to serve in that capacity until it voluntarily withdraws or is lawfully shown to no longer represent a majority of the employees in the bargaining unit.
After an employee representative has been designated by a majority of the employees in an appropriate unit, the NLRA makes that representative the exclusive bargaining agent for all employees in the unit. As exclusive bargaining agent, the union has a duty to represent equally and fairly all employees in the unit without regard to their union membership or activities. After a collective bargaining representative has been designated or selected by its employees, it is illegal for an employer to bargain with individual employees, with a group of employees, or with another employee representative.
1. 29 U.S.C. 159