Decertification is where employees file an election petition with the National Labor Relations Board seeking to revoke the union’s “certification” as their exclusive collective bargaining representative. If a sufficient number of bargaining unit employees support the petition (30% or more), the NLRB will hold a secret-ballot election to determine whether union representation will continue or end.
When can a decertification election happen?
It is hard to decertify a union. In order for there to be a decertification election, a petition must be filed with the NLRB:
- One year after the NLRB’s certification of election results if the union has been unable to reach a collective bargaining agreement with the company during that one-year period;
- During the 30-day window between 60 and 90 days prior to the expiration of a union contract that is three years (3) or less in duration; or
- Any time after the 3rd anniversary of a union contract longer than three (3) years.
Who can participate in a decertification effort?
The only employees who can sign a decertification petition are the employees covered by the union contract.
How many employees need to sign a decertification petition in order for the NLRB to conduct a decertification election?
At least 30% of employees covered by the union contract would have to sign a decertification petition in order for the NLRB to conduct a decertification election.
Who gets to vote in a decertification election?
Any employee who is covered by the union contract (not just dues-paying members).
Can Volkswagen help us decertify the union if we decide the UAW is not right for us?
While Volkswagen would be able to answer many of your questions about the decertification process, the Company would not be able to legally assist team members in getting signatures on or filing a petition. Such assistance by the Company would violate the National Labor Relations Act.