How to Help Get Rid of a Union
Release time：2023-06-09 22:05:08 oRead0
Method 1
Method 1 of 4:
When employees can file
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1
Check for National Labor Relations Board rules for a decertification election or barring these such as the:
- "Certification bar" -- stops petitions for a decertification election from being filed for one (1) year after a union wins an NLRB conducted election.
- "Contract bar" -- holds that petitions for a decertification election cannot be filed during the first three (3) years of a collective bargaining agreement, except for during a certain 30-day "window period."
- “Window period” -- for 30-days filing a decertification petition with the NLRB occurs 60 to 90 days "prior to" the expiration date or 3 year anniversary of the contract, whichever comes first. In the health care industry (such as hospitals), the 30-day “window period” occurs 90 to 120 days "before" the expiration date of the contract, or after the 3 year anniversary of that contract (if not expired), whichever comes first.
- "Contract expired" -- a decertification petition can also be filed anytime after a contract expires or becomes more than 3 years old.
- "Successor contract" -- if your employer and the union enter into a successor contract, the new contract will begin another 3 year "contract bar" on decertification elections. Thus, if you miss the "window period" for filing a petition for a decertification election, you may have to wait for another 3 years to request a decertification election.
- 1 Be sure your petition is an employee effort (not lead by the company). Employer assistance is unlawful.
- 2 Realize that there is any employer assistance, the union can nullify the effort by filing an "unfair labor practice" charge and winning that.
- 3 To proceed, employees can collect signatures on a petition, to decert or deauth, which may read something like the examples that are available from the: nrtw, National Right to Work Organization.
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1
It is good to get the latest, official NLRB form to see what they recommend, to be clear and defined. Sample form:
PETITION TO REMOVE UNION AS REPRESENTATIVEThe undersigned employees of ________________________ (employer name) do not want to be represented by ________________________ (union name), hereafter referred to as “union”. Should the undersigned employees constitute 30% or more, but less than 50%, of the bargaining unit represented by the union, the undersigned employees hereby petition the National Labor Relations Board to hold a decertification election to determine whether the majority of employees also no longer wish to be represented by the union. In addition, should the undersigned employees constitute 50% or more of the bargaining unit represented by the union, the undersigned employees hereby request that our employer immediately withdraw recognition from the union, as it does not enjoy the support of a majority of employees in the bargaining unit. _______________________ _______________________ ____________Name (Print) .......................... Signature .......................... Date_______________________ _______________________ ____________ Name (Print) .......................... Signature .......................... Date_______________________ _______________________ ____________ Name (Print) .......................... Signature .......................... Date_______________________ _______________________ ____________ Name (Print) .......................... Signature .......................... Date_______________________ _______________________ ____________ Name (Print) .......................... Signature .......................... Date
- 1 Research the difference between these decertification and deauthorization elections.
- 2 Find out about your own kind of union, like "state and local government employees" or "public school employees" who have comparable procedures that may differ from private sector "decertification" processes.
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3
Consider "public sector deauthorization laws" -- state laws governing public employees that provide for:
- Decertification election to totally remove the union.
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Deauthorization election to only remove the “union security” clause from the contract election. It has only one purpose and effect, to undo union required payments and membership in the union, but:
- Keeps the union as the exclusive bargaining representative.
- Keeps the collective bargaining agreement in effect, except for the required unionism clause (membership or dues become voluntary).