Art handlers are typically highly educated artists with a deep appreciation for the chance to work with valuable art pieces. They work for auction houses and art-handling services, carefully packing items and trans- porting them to museums, homes, businesses, and auction houses. Customers may pay hundreds of dollars for a shipment. However, the art handlers’ work is not necessarily well paid. A worker at Terry Dowd, Chicago’s largest art-handling company, said he earns $14 an hour with variable hours—not enough to pay back his student loans and barely enough to pay his other bills.

With these conditions, the Teamsters saw an opportunity to organize art handlers. In 2011, they negotiated higher starting salaries for workers at Christie’s auction house. In 2012, they successfully organized the art handlers for Sotheby’s and negotiated a contract that provides for higher starting salaries, annual raises, and continuance of the existing benefits package. With these victories behind them, the Teamsters turned to organizing workers at Terry Dowd.

The art handlers at Terry Dowd recently voted on whether to be represented by Teamsters Local 705. The initial count was close, and the Teamsters challenged the vote on the grounds that five management em- ployees of Terry Dowd had voted in the election. Managers are not eligible to vote for union representation. Terry Dowd agreed to remove two of the ballots as ineligible, and the National Labor Relations Board must now consider the eligibility of the other three challenged votes. Ahead of their decision, the outcome is close: 14 voting yes and 12 voting no.

Questions

1. If the NLRB rules that the three remaining contested votes are eligible, how many of these must be “no” votes for the union organizing effort to lose its majority and lose the election?

2. What can the NLRB do if it finds that the election at Terry Dowd was not conducted fairly?