The framework to establish an electoral board are described in §16-17a of the Works Constitution Act and its legal responsibilities are further supplemented in the Election Procedure [de].
The electoral board typically consists of 3 non-executive employees who are eligible to vote in a Works Council election of that particular workplace establishment.
In order to carry out its duties effectively, the electoral board determine whether it needs any legal trainings, paid by the employer.
[2] Similar to a Works Council, all decisions are made through formal resolutions, passed by a simple majority of its members.
[4] The Economic and Social Research Institute [de] of the Hans Boeckler Foundation documented different forms of obstruction against Works Council elections by employers.