Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today.
You need to a) time your petition for decertification as follows and b)file a petition with the NLRB; you can't just ask the union to decertify.
In short what you will need to do is have a decertification election, this means that the total unit will have the opportunity to vote on whether to keep the union or not. To start off with you will need a showing of interest - generally a showing of cards to the NLRB of at least 30% of employees who wish to decertify the union.
There are some rules on whether a decert can even occur. The National Labor
Relations Board maintains many rules governing when employees can file for a decertification election. The first rule is the "certification bar," which holds that petitions for a decertification election cannot be filed for 1 year after a union wins an NLRB conducted election.
Another important rule is the "contract bar," which holds that petitions for a decertification election cannot be filed during the first 3 years of a collective bargaining agreement, except for during a certain 30-day "window period." In most workplaces, the 30-day “window period” for filing a decertification petition with the NLRB occurs 60 to 90 days prior to the expiration date or 3 year anniversary of the contract, whichever comes first. In the health care industry (such as hospitals), the 30-day “window period” occurs 90 to 120 days prior to the expiration date of the contract or 3 year anniversary of the contract, whichever comes first.
A decertification petition can also be filed anytime after a contract expires or becomes more than 3 years old. However, if your employer and the union enter into a successor contract, the new contract will begin another 3 year "contract bar" on decertification elections. Thus, if you miss the "window period" for filing a petition for a decertification election, you may have to wait for another 3 years to request a decertification election.
Under the National Labor Relations Act, if 30% or more of the employees in a bargaining unit sign a Decertification Petition, the National Labor Relations Board will conduct a secret ballot election to determine if a majority of the employees wish to decertify the union and stop it from any further “exclusive representation.”; this is the only way to formally decertify a union. If the petitioning employees win that election, then the company becomes nonunion and all employees are free to bargain on their own, and negotiate their own terms and conditions of employment. Moreover, if 50% or more of the employees in a bargaining unit sign a petition that they no longer want to be represented by the union, the employer can withdraw recognition without an election if it wishes to do so, but this is voluntary on the part of the employer - it does not have to do this. (Except where the contract bar applies, as discussed above.)
If it is less than 50% the NLRB holds an election. You begin the process by attaining the 30% of required signatures and filing NLRB form 502 with your local NLRB office. See this link http://www.nlrb.gov/what-we-do/conduct-elections
I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.