The NLRB General Counsel has issued a memorandum authorizing the use of electronic signatures for purposes of a showing of interest for an election petition.

September 2, 2015 by Andrew Baker

The NLRB General Counsel has issued a memorandum authorizing the use of electronic signatures for purposes of a showing of interest for an election petition.  The GC states:

“I have concluded that Regional Directors should accept electronic signatures as a means to support a showing of interest where, as with handwritten signatures, the electronic signature method chosen by the party provides the Regional Director with prima facie evidence ( 1) that an employee has electronically signed a document purporting to state the employee’s views regarding union representation and (2) that the petitioner has accurately transmitted that document to the Region. As is the law now with respect to handwritten signatures, the documents submitted by the parties are presumed to be valid.”

But the GC also imposed new requirements on electronic signatures that do not apply to non-electronic signatures.  Specifically,

“Submissions supported by electronic signature must contain the following:

1. the signer’s name;
2. the signer’s email address or other known contact information (e.g., social media account);
3. the signer’s telephone number;
4. the language to which the signer has agreed (e.g., that the signer wishes to be represented by ABC Union for purposes of collective bargaining or no longer wishes to be represented by ABC Union for purposes of collective bargaining);
5. the date the electronic signature was submitted; and,
6. the name of the employer of the employee.

A party submitting electronic digital signatures must submit a declaration identifying (1) what electronic signature technology was used and explaining how its controls ensure: (i) that the electronic signature is that of the signatory employee, and (ii) that the employee herself signed the document; and (2) that the electronically transmitted information regarding what and when the employees signed is the same information seen and signed by the employees. 

When the electronic signature technology being used does not support digital signatures that lend itself to verification as described in paragraph 2, above, the submitting party must submit evidence that, after the electronic signature was obtained, the submitting party promptly transmitted a communication stating and confirming all the information listed in 1 a through 1 f above (the “Confirmation Transmission”). 

1. The Confirmation Transmission must be sent to an individual account (i.e., email address, text message via mobile phone, social media account, etc.) provided by the signer.
2. If any responses to the Confirmation Transmission are received by the time of submission to the NLRB of the showing of interest to support a petition, those responses must also be provided to the NLRB.

Submissions supported by electronic signature may include other information such as work location, classification, home address, and additional telephone numbers, but may not contain dates of birth, social security numbers, or other sensitive personal identifiers. Submissions with sensitive personal identifiers will not be accepted and will be returned to the petitioner. They will not be accepted until personal identifiers are redacted.”

The full PDF memo from the General Counsel can be downloaded here.

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