In certain circumstances, the Labour Relations Board can cancel the union’s bargaining rights for a bargaining unit. When an application is filed by employees in the bargaining unit, it is called decertification. A union or employer can also apply to cancel the union's bargaining rights. Employees can apply to cancel a Board order certifying the union as the bargaining agent for a group of employees. Employees can also apply where there is no certification
but the union and employer have a collective agreement (called a voluntary recognition). Both are referred to as an application for decertification. Employees in the bargaining unit may decide they no longer want to be represented by their union. Employees will need to get the support of enough of the other employees in the bargaining unit before making an application to the Board.
Partial decertificationEmployees in only a part of a bargaining unit may decide they no longer want to be represented by their union. Employees will need to get the support of enough of the other employees in that group before making an application to the Board. This is called a partial decertification.
Cancelling bargaining rightsIn certain circumstances, a union or employer can apply to cancel a certification. For example, where:
How to apply to cancel a certificationTo file an application, an employer or union needs to:
Leading decisions:Leading decisions provide useful information on how the Labour Relations Board applies the Labour Relations Code (the Code) and information on what is or is not covered by the Code. Employers have a legal duty to bargain in good faith with their employees' representative and to sign any collective bargaining agreement that has been reached. This duty encompasses many obligations, including a duty not to make certain changes without bargaining with the union and not to bypass the
union and deal directly with employees it represents. These examples barely scratch the surface. Section 8(d) of the Act sets forth what is encompassed within the duty to bargain collectively. Section 8(a)(5) of the Act makes it an unfair labor practice for an employer "to refuse to bargain collectively with the representatives of its employees, subject to the provisions of Section 9(a)" of the Act. (An employer that violates Section 8(a)(5) also derivatively violates Section 8(a)(1).) For example, you may not
However, you may, for example
What is the primary cause for union decertification?An Employer's Guide. Unhappiness with representation, an unwillingness to pay union dues, and resentment that a union contract determines compensation are all reasons why employees decide to decertify their union.
What are the steps in the union decertification process?Employees should follow these three steps to petition the NLRB for an election to decertify the union: COLLECT SIGNATURES. PREPARE DOCUMENTS. FILE AND SERVE.
What does decertification of a union mean?Have a union, but don't want it anymore, or want a different one? Under certain circumstances, you can vote out or "decertify" your union, or replace it with a different union. At least 30% of your coworkers must sign cards or a petition asking the NLRB to conduct an election.
What happens after union decertification?If a union gets decertified, over time, they would likely make less than if they had stayed unionized, including the amount they spent on union dues. Workers would lose their legal right to a collective voice when discussing conditions on the job with management.
What is a decertification petition?A decertification petition is the vehicle whereby a group of employees in an established. bargaining unit or an employee organization may bring about an election which allows. employees to vote to either remove or replace their incumbent “exclusive. representative.”
|