Answer: Initially, an employee in this situation needs to understand the concepts of the “bargaining unit” and how an employee organization becomes “certified” as the bargaining unit’s exclusive representative for purposes of collective bargaining with the public employer,
discussed in the answer to the previous question. If an employee is in a PERB-determined bargaining unit which is represented by a certified employee organization, the employee should be aware that under Iowa law they are not required to join, participate in or support the employee organization in any way, financially or otherwise. Represented employees who are members of the employee organization are entitled to drop their membership, and cease the payment of any dues or fees
whatsoever, if they choose to do so. However, employees should also realize that if they are employed in a position which is included within a bargaining unit which has a certified representative, they will be represented for purposes of collective bargaining by the certified representative and subject to the terms and conditions of the contract negotiated between that representative and the employer, regardless of whether they are dues-paying members of the organization. If
employees in a unit that has a certified representative no longer want that representative, the employees may petition PERB, if supported by at least 30 percent of the employees in the represented bargaining unit, to hold a “representative decertification” election to determine whether the unit’s existing representative will be “decertified,” meaning the organization would no longer represent the unit. Iowa Code section 20.15(3) and PERB rule 621—5.7(5) place limits on when
representative decertification petitions may be filed with PERB, which employees should review if considering an effort to decertify their existing representative. In a PERB decertification election, all of the employees in the bargaining unit who were employed on established eligibility dates will be able to vote by secret ballot. If a majority of those eligible to vote are in favor of decertifying the current representative, the certified employee organization will be decertified and will no
longer be the bargaining unit’s representative. When an employee organization is decertified as a bargaining unit’s representative, its existing collective bargaining agreement with the employer is no longer binding or enforceable, and the public employer no longer has a duty to negotiate with that organization. If an employee organization is decertified due to the results of an election, the same employee organization or any other employee organization must wait two years from the
date of the election to petition to become the bargaining unit’s new representative. A certified employee organization may also lose its status as a certified representative of a unit due to its failure to comply with Iowa Code chapter 20 or as a result of a retention and recertification election in which the certified representative fails to receive a majority of eligible voters to vote in favor of retaining and recertifying the employee organization as the unit’s representative. Printed from the website on September 20, 2022 at 1:58pm. Below are some common questions that employees have asked concerning the representation process and its implications. If you have additional questions:
What is a union? What does it mean to be exclusively represented? How does a union become my exclusive representative? It can also happen by a vote. In order for a vote to happen, the union will have to collect authorization cards from at least 30% of the bargaining unit. Then the Public Employment Relations Board (PERB) would hold an election. In order for the union to win the election, more than 50% of the employees who vote would have to vote in favor of unionization. If that happened, you would be represented by the union. What is an authorization card? What does it mean if I signed an authorization card? If I signed an authorization card, am I automatically a member of the union? What’s the difference between being a union “member” and just being
“represented”? If you are not a member, then the union will represent you without your voting. If I signed an authorization card, do I have to vote in favor of the union if an election takes places? If I signed an authorization card, and would like to revoke it, what should I do? How does an election actually take place and what will be my choices on the ballot? “No Representation” – this means you DO NOT WANT unionization Whichever option receives a simple majority of the votes cast wins. If a majority of those voting select “No Representation” you will continue to participate in the University’s personnel programs for non-represented employees. If there is an election, is there a minimum number of employees that must vote in order to decide the outcome? Is membership in the union required to vote in an election? Does UC have an opinion about whether or not employees should be unionized? If the union obtains a majority of signed authorization cards, or if a majority of voting employees elects a union as the bargaining representative, will I have to become a member of that union and pay dues? If the union is certified by collecting a majority of authorization cards or by winning an election, would I still have to pay a monthly fee to the union even if I do not sign a card or vote against unionization and cannot vote in union decisions? How is the amount of union dues established? Will I have any say in the negotiations? How can I express my opinion about whether or not I am represented by a union? You can make a decision to sign an authorization card if you are in favor of having a union as your exclusive representative. You may also choose not to sign an authorization card if you are not in favor of it. If there is an election, you can vote for union representation or you can vote against it. How many votes are needed to decertify a union?Employees may file a petition for decertification (RD) if they believe support for a union has diminished, after collecting signatures from at least 30% of workers in a unit. A majority of votes decides the outcome.
How many employees must vote for a union?Not represented by a union, but want to be? If a majority of workers wants to form a union, they can select a union in one of two ways: If at least 30% of workers sign cards or a petition saying they want a union, the NLRB will conduct an election.
How do you decertify a union in Canada?An application to decertify a trade union must be made on a form approved by the Ontario Labour Relations Board, and must be supported by individually signed statements from at least 40% of employees in the bargaining unit stating that they do not wish to be represented by the union.
What percentage of a bargaining unit have to vote for the union for it to represent them?In order for a vote to happen, a union would have to collect authorization cards from at least 30% (but less than 50%+1) of the bargaining unit.
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Within a bargaining unit, how many workers must vote against the union so as to decertify it?
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