Union Decertificiation Procedures

MJP · December 2002

What are the procedures to request an union to decertify and to join another existing union? My company would like to combine a smaller union (6 members) into another union within our company with 60 + members. The smaller union was grandfathered in when our company purchased another company in 1960's. Throughout the years, the membership in this union has dwindled.

Hunter1 · December 2002

If you're serious about this, you really need an attorney. There are a couple of procedures that might be available to you, specifically what's called a RM petition, in which an employer petitions the NLRB to decertify a union which the employer has a 'sufficient good faith doubt' that the union represents a majority of the employees. The employees, of course, can file a petition to decertify. Be careful, this cannot in any way be orchestrated by the employer. There are time periods in which these actions must be taken in some cases.
There may very well be state provisions to consider as well.
Good Luck, and talk to a labor attorney.

Don D · December 2002

Decisions to recommend combining locals typically come from the other side. Hunter is absolutely right that you need consultation with an attorney who has competence in labor union matters. There are patches of thin ice all out there in front of what appears to be solid land. Timeline exclusions and the company appearing to have instigated decertification are just two of them.

jaguar1 · December 2002

I am a Chicago Management labor attorney and your question is unclear. What makes you believe that the smaller union would walk away from even six dues paying members? Is there evidence to believe that a majority of these six are unhappy and would like to decertify? Are you coming up on the window period for possible dercertification which is 60-90 days prior to the expiration of the contract?

Union Decertificiation Procedures

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