We have had a union for years, but now the
employees have come to me saying they want to oust them. I would like to help,
but I am not sure what I can legally do. Can you help me?
E.D. - Pennsylvania
We have had a union for years, but now the
employees have come to me saying they want to oust them. I would like to help,
but I am not sure what I can legally do. Can you help me?
E.D. - Pennsylvania
The Industry Advisor
LEGAL WAYS TO DECERTIFY A UNION
By Gene Levine - www.genelevine.com
The NLRA, National Labor Relations Act, gives employees the
mechanism to form authorized collective bargaining units with their employer. It
also contains a method for employees to remove a union as their exclusive
bargaining representative.
With some exceptions, only employees may petition the NLRB for a decertification election. 30% of the employees who comprise the bargaining unit must sign the Decertification petition. Employees send their petition to the NLRB and then the NLRB will hold a hearing to determine the petition’s validity, the union’s status and the Board’s jurisdiction.
If the Board determines the petition is valid, an election will be conducted usually within four to six weeks from the date of the petition. Here’s an interesting fact, Much like the election that brought in the union to get rid of the union the employees only need a simple majority of those who actually vote in the election; not a majority of those in the bargaining unit. If the final vote is tied, the union loses.
Your employees have an excellent opportunity to get rid of the union. Here are six basic steps you can and need to take.
Step One: Learn the tactics and legal strategies from companies who have won decertification elections. The main thing they did was invest heavily in the one key resource that solidified their win – their first-line supervisors. To win, your 1st line supervisors need to be informed and well-trained. Conduct an assessment. If needed, rapidly upgrade your 1st line supervisor’s knowledge, abilities and people-dealing skills.
Step Two: Retain a Management Labor Attorney rather than a Labor Attorney. Management Labor attorneys not only know labor law they understand the workings of business and are empathetic and well-versed in the thinking of business management and employees. They cost more but win more. The MLA’s we've dealt with think more outside of the box and are far more aggressive in their tactics then their traditional counterparts. For example, we have never run across a labor attorney that utilized industrial psychologists in their campaigns. We always have our clients avail themselves of that expertise and that, coupled to the other things we do, has since 1965, gained us the reputation of NEVER losing an election.
Step Three: Always keep a written . . .
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