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Category: California Employment Law
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Experience:  Extensive experience representing employees and management
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I have a construction corporation that has been union. It

Resolved Question:

I have a construction corporation that has been union. It now has no employees and I recently purchased the corp. I want to start up the business but without the union. How do I decertify the union and begin business?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.

Hello and welcome to JustAnswer. I'm sorry to hear about your situation and hope I can help.

 

Could you please answer these additional questions so I can help you with an answer to your question.


How long has the union been in place?

 

Why does the corporation no longer have employees?

 

Were those who were laid off union members?

Customer: replied 1 year ago.


I believe the union has been in corp for many years, maybe since 1963. The former owners were winding down operations and only kept open until last union employee retired. He retired in December 2012. As far as I know there were no layoffs, just reduced by retires and employees leaving. The last employee was the only employee when I purchased and I agree to keep hiom on until he retired.

Expert:  Joseph replied 1 year ago.
Unfortunately,technically, an employer, even one with no employees, cannot petition to decertify a union.

Only employees can petition to decertify a union, by filing a petition with the National Labor Relations Board.

However, as an owner, you can withdraw recognition of an incumbent union if it can establish either:

(i) that the union no longer enjoys majority status in fact; or

(ii) that the withdrawal is predicated on a reasonably grounded doubt as to the union’s continued majority status, which doubt was asserted in good faith, based upon objective considerations, and free of employer unfair labor practices.

Since there are no employees with the corporation currently, you can definitely assert that the union does not hold majority status.

You can request that the recognition of the union be withdrawn by contacting your local National Labor Relations Board office, which you can find here:

http://www.nlrb.gov/who-we-are/regional-offices

If you are successful in doing so, the collective bargaining agreement that is in force would be invalidated and you would be able to begin business without the union.

Customer: replied 1 year ago.


If I withdraw recognitipon of the union and am successful, do I need to wait until the union contract expires or just begin business?

Expert:  Joseph replied 1 year ago.
No, you wouldn't need to wait, since the withdraw of recognition would invalidate the current contract that the company has with the union, so you could just begin business after that.
Joseph, Lawyer
Satisfied Customers: 5123
Experience: Extensive experience representing employees and management
Joseph and 2 other California Employment Law Specialists are ready to help you

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