HOW TO DECERTIFY A UNION

Google “How to Decertify a union” and check out the top 5 responses. 

1st up: National Right to Work 
2nd: Union Facts 
3rd is the NLRB itself 
4th is a 2012 Forbes article “A Deep Secret That Labor Unions Don’t Want Workers to Know” 
5th 1-888-no-union.com  

DANCE WITH THE ONE THAT BRUNG YA 

The NLRB gives employees the right to organize and they also give the right to boot the union.  But if you are an employee looking for information on decertification procedures and you go to www.NLRB.gov the first thing you will see on the home page is a rotating ad for the following: 

• E-File Charges and Petitions “Filing a charge or election petition just got    easier with our new webform.” 
• Representation Case Procedure Changes “All about the Ambush Election      Rules” 
• Mobile App “Download the NLRB Mobile App” 
• Regional Offices “Interactive Map with directions and contact information” 
• Protected Concerted Activity “Employees have the right to act together for   their mutual aid and protection, even if they are not in a union.” 

Where’s the Decertification information? Go back to the search above and click on the NLRB.  Notice, there are NO LINKS to any forms, NO instructions, NO NOTHING. Now, try using the NLRB website search feature and do you know what you will find - BUPKIS  (word of the day, people). 

FOUND SOMETHING 

I did a search for Decertify and hidden in the Frequently Asked Question section (and I say hidden because there is no FAQ on the website) was “What steps are required in order to file a petition with the NLRB to certify or decertify a union?”  If an employee manages to find this page, he or she will probably quit long before even attempting to rally other employees behind their cause.  It’s mind-numbing babble with links to Form NLRB-4812 and Form NLRB-505 neither of which is the actual form you need to file a Decertification Petition. That would be Form NLRB-502 (RD) - RD Petition and good luck finding that... 

Know how I found Form NLRB-502? I searched for “Form NLRB-502” (genius, I know). How many of you knew that was the name of the Decertification Petition form?  How many employees do you think could find this form? 

theSHORT 

FYI, the NLRB recommends that you file your petition by E-Filing through the Board’s website.  Here’s what that page looked like when I went there, so good luck with that. 

What employers need to do is educate their employees, LONG BEFORE the union comes knocking, on both card-signing and yes, even decertifying a union.  Employees need to know how difficult the Decertification process actually is and how to execute it properly should the need ever arise.  There is no better time to legally educate both Supervisors and employees than right now.  To assist you with this process, the world premiere of our newest video: Decertification: Explained is being released this week.  I encourage you to check it out.