What is decertification?

Decertification is the process whereby members of a union 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 member employees support the petition (defined under the law as 30% or more), the NLRB would conduct a secret-ballot election to determine whether, as a group, the members want to continue to be represented by the union or not.

Can Ciocca help us decertify the union if we decide in the future the union is not a good fit for us?

No. It is illegal for Ciocca to assist with any decertification process. Assistance by Ciocca would violate the National Labor Relations Act. Any efforts and costs to decertify a union must be borne exclusively by the bargaining unit employees..

When can a decertification election take place?

If voted in, the union cannot be decertified for a period of one year. Regardless of whether you like union representation or not, the NLRB will not accept any decertification efforts for the first year. If, after that, there is no contract in place, the bargaining unit can initiate decertification efforts.

If there is a contract in place after the first year, then a petition for decertification can be filed only during a thirty (30) day period between 60 and 90 days prior to expiration of the initial collective bargaining agreement.

The other common time that a decertification petition can be filed is after the third anniversary of a collective bargaining agreement that, by its terms, is longer than three years in duration.

Who gets to vote in a decertification election?

Any worker who is covered by the collective bargaining agreement – regardless of whether they are members of the union or not.