NLRB Election Procedures - Decertification Elections

Decertification Elections

Employees represented by a union can also petition to decertify the union. They must also produce evidence that at least thirty percent of the unit supports decertification and are bound by the same “contract bar” rules as an outside union would be. The only appropriate bargaining unit for a decertification election is the currently existing unit, whether it is one created by the NLRB or one created or modified by the parties through collective bargaining. Decertification elections are also subject to the same rules concerning improper campaign conduct as elections initiated by a union.

Decertification can also occur if the employer received substantial evidence that the union no longer has the support of a majority of the bargaining unit. Typically, this is accomplished through giving a petition, signed by a majority of the bargaining unit, to a member of Management.