IF YOU ARE BEING TARGETED FOR UNIONIZATION (OR ARE ALREADY UNIONIZED) AND ARE CURIOUS ABOUT DECERTIFYING A UNION, YOU NEED TO KNOW THAT GETTING RID OF A UNION IS NOT AN EASY TASK.
THE TRUTH ABOUT KICKING A UNION OUT OF YOUR WORKPLACE If a union organizer tells you that you can kick a union out of your workplace with no problem, you are NOT being told the truth. The truth is, while you can legally kick a union out of your workplace, it is very difficult to do. Should you wish to decertify a union, you need to know that unions will usually do everything in their power to prevent themselves from being decertified. If you are interested in kicking a union out of your workplace, you (and the majorty of your co-workers) must be committed to it, as well as prepared for what tactics the union will use to try to keep the you and your co-workers under the union's control.
LEGAL OBSTACLES TO DECERTIFICATION While you do have a legal right to kick a union out of your workplace, there are some hurdles you need to know about. Some of these include:
If you are newly unionized, you cannot decertify a union for at least one year following certification of the union.
If a contract is negotiated within the first year and you do not like it, you cannot decertify the union for the length of the contract or three years, whichever is shorter.
If you are a union member, most unions prohibit their members from fostering, supporting, or participating in the decertification of the union and may place you on trial. Before attempting to decertify the union in your workplace, if you are a union member, you need to get a copy of your union's constitution. For more information on union constitutions, go here.
Important Notice to Employees:
If you wish to decertify your union, you should NOT seek help from your employer because the union can claim that your employer has unlawfully assitsted you and, therefore, your effort to kick the union out will fail. You can, however, get outside help from other sources (such as 1-888-NO-UNION.COM).
You should also be sure that the names of the union and the company be filled in before any signatures are collected. Signatures should be collected on non-work time and in non-work areas.
THERE ARE TWO PRIMARY WAYS THAT YOU AND YOUR CO-WORKERS CAN KICK A UNION OUT OF YOUR WORKPLACE:
The first method is by petitioning the National Labor Relations Board to conduct a secret-ballot decertification election. The second method is by instructing your employer to withdraw recognition of the union.
The following section will give the highlights of both, as well as step-by-step "how to" instructions so that you and your co-workers can determine which method would work best for you:
Employees must show 30% support (or interest) in having the NLRB conduct an election
Petition must be filed with the National Labor Relations Board
Union is notified of employee decertification attempt
Union will typically file Unfair Labor Practice (ULP) charges alleging employer assistance or interference
ULP charges generally have the effect of blocking the NLRB election while the NLRB investigates the union's allegations
Election may be blocked for months which gives union time to wear down employees
If NLRB determines an election is allowed, election is generally set 25-30 days following direction of election
NLRB conducts secret-ballot election
Outcome is determined by those employees who actually vote
If union maintains 50% + 1 vote, union is still certified bargaining agent
For step-by-step instructions on how to decertify using the National Labor Relations Board election process, go here.
50% + 1 of you and your co-workers must give your employer "objective evidence" that you are no longer interested in being represented by the union—usually in the form of a petition signed the majority of employees
Employer will generally notify the union of your desire for the employer to withdraw recognition
Union will typically file Unfair Labor Practice (ULP) charges alleging employer assistance or interference
Presuming the NLRB finds there has been no employer interference, the union will have become decertified
For step-by-step instructions on how to instruct your employer to withdraw recognition, go here.
All information and materials on 1-888-NO-UNION.COM are free. The information and materials on this site are for informational purposes only. Nothing on this website constitutes, nor should it be viewed as legal advice or advice to either employees or employers. Moreover, the information provided on this site should NOT be construed as advice for employees on how to exercise your NLRA Section Seven Rights. If you have a legal question, you are strongly encouraged to consult with your attorney (as an employer) or contact us should you need a referral to legal counsel. Further, should you request an answer to a question, you agree that any answer to any question does not constitute legal advice, or advice of any nature, but is purely for informational purposes.
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