What are the requirements for union decertification?
Union decertification is the process of a group of employees in California voting to end their representation by a labor union. In order to initiate a decertification election, at least 30 percent of the employees in the bargaining unit must sign a petition requesting the election. Once the petition has been filed, the California Public Employment Relations Board will decide whether the petition was filed for a valid reason and whether the election should go forward. If the board decides to hold the election, the election must be conducted within sixty days of the petition being filed. Before the election, the labor union is given an opportunity to respond to the petition. During the election, all employees in the affected bargaining unit are eligible to participate and are given the opportunity to vote on whether their labor union should remain or be decertified. In order to be decertified, a majority of the bargaining unit must vote in favor of the decertification. If the majority of the employees do not vote in favor, then the labor union will not be decertified and will remain the bargaining unit’s representative. Upon successful completion of the decertification election, the labor union will no longer be the representative for the employees in the affected bargaining unit. The employees in the affected bargaining unit will then be able to negotiate their own wages, hours, and other terms and conditions of employment without the representation of the labor union.
Related FAQs
What is the process for resolving labor-management disputes?What are the laws surrounding workers' compensation?
What is the Employee Retirement Income Security Act?
What is a labor relations specialist?
What are the implications of changes to labor laws?
What is a union representation election?
What is the difference between a collective bargaining agreement and a contract?
What are the requirements for union decertification?
What is the Wagner Act?
How do I report unfair labor practices?
Related Blog Posts
Setting Up Your Union Institution: A Guide to Labor Relations Law - July 31, 2023The Basics Of Collective Bargaining: What You Need to Know About Labor Relations Law - August 7, 2023
The Role of Compulsory Arbitration: How it Impacts Labor Relations Law - August 14, 2023
Leveraging Negotiation Tactics in Labor Relations Law - August 21, 2023
Fundamental Rights and Obligations of Employers and Employees in Labor Relations Law - August 28, 2023