Decertification

Once a union is voted in, it can be difficult to remove. Employees cannot simply “try out” a union and reverse the decision at any time. Removing a union requires a formal decertification process overseen by the National Labor Relations Board (NLRB), and it must be initiated by employees, not the employer.      ‍

What is decertification?

Decertification is the process by which employees file a petition with the NLRB seeking to remove a union as their exclusive bargaining representative. 

Under NLRB rules, the petition must be supported by at least 30% of employees in the bargaining unit before the NLRB will move forward with an election (NLRB decertification procedures under Section 9(c) of the NLRA).

If that threshold is met, the NLRB conducts a secret-ballot election, and the union will be removed if a majority of those voting choose to decertify it.

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

No.

 Under federal law, it is illegal for an employer to assist, support, or control efforts to remove a union. This type of involvement can be considered an unfair labor practice under Section 8 of the National Labor Relations Act, which prohibits employer interference with employee representation rights.

 Any effort to decertify a union must be completely employee-driven, including organizing support, filing petitions, and covering any related costs.

When can a decertification election take place?

There are strict timing rules under NLRB law that limit when a decertification petition can be filed:

  • One-year bar: After a union is first certified, employees generally cannot file for decertification for at least one year (NLRB “certification bar”).

  • If no contract is in place:After the one-year period passes, employees may pursue decertification if no collective bargaining agreement has been reached.

  • If a contract is in place (contract bar): If a collective bargaining agreement is reached, employees typically can only file a petition during a 30-day “window period”
     between 60 and 90 days before the contract expires (NLRB contract bar doctrine).

  • Long-term contracts:Even if a contract lasts longer than three years, employees may file for decertification after the third anniversary of the agreement or during the appropriate window period (maximum three-year contract bar).

These timing restrictions mean there are limited opportunities to remove a union once it is in place.

Who gets to vote in a decertification election?

All employees in the bargaining unit—not just union members—are eligible to vote in a decertification election.

Supervisors and individuals outside the bargaining unit are not eligible to participate.