Employees working under a collective bargaining agreement have a protected right under federal law to choose their representative or reject union representation entirely. Workers may feel their current representative no longer serves their collective interests effectively. Pursuing a change in union representation is a complex, legally regulated endeavor governed entirely by federal labor law. Understanding the specific procedural requirements and timing restrictions set by these laws is imperative for any group of employees considering this course of action.
Reasons for Seeking a Change in Representation
Employees often seek new representation when they perceive a failure in the current union’s ability to secure favorable working conditions. A common driver is dissatisfaction with contract negotiations, particularly if the resulting agreement is seen as weak regarding wages, benefits, or job security. Workers may also become concerned about a lack of internal democracy or transparency within the union leadership. This concern often extends to perceived mismanagement or corruption involving union finances. Another motivation involves the failure to adequately handle employee grievances or consistently enforce the terms of the existing collective bargaining agreement.
Legal Rules Governing Union Change
The process of changing or removing a union is strictly governed by the National Labor Relations Act, which aims to ensure stability in labor relations. This federal statute imposes specific restrictions on the timing of any representation challenge. The “contract bar” doctrine prevents the National Labor Relations Board (NLRB) from processing a petition while a valid collective bargaining agreement is in effect, typically for up to three years. Similarly, the “election bar” doctrine prohibits a new election for a specific bargaining unit for twelve months following a prior valid election.
These limitations mean employees cannot challenge representation at just any time. A challenge can usually only be filed during a precise, limited timeframe known as the “window period.” This period typically opens 90 days and closes 60 days before the expiration date of the current collective bargaining agreement. This 30-day window is the only time a union change or decertification petition can be accepted while a contract is active.
Decertification Versus Replacement
Before initiating any formal action, employees must clearly define the intended outcome, which falls into one of two categories. The first is decertification, which seeks to remove the existing union entirely, resulting in a non-unionized workplace. This process is initiated by filing an RD (Representation Decertification) petition.
The second category is replacement, which involves substituting the existing representative with a new union. This action is typically initiated by an outside union filing an RC (Representation Certification) petition on behalf of the employees.
Initiating the Petition Process
The first step in challenging representation involves demonstrating “sufficient interest” among the employees in the bargaining unit. Federal law requires that at least 30% of the employees in the unit sign authorization cards or a petition indicating they wish to change or remove the current union. This 30% threshold is an administrative requirement, not a voting requirement, and serves only to justify the NLRB’s resources for an election.
The documentation must be collected carefully, ensuring each signature is dated and legible, and that the petition clearly states the employee’s intent. Once the 30% showing of interest is met, the evidence is submitted to the appropriate regional office of the National Labor Relations Board. Employees seeking decertification use the RD form, while a challenging union uses the RC form; both must be filed during the narrow legal window period.
The NLRB Investigation and Hearing
Immediately after the petition is filed, the National Labor Relations Board begins an administrative investigation to ensure the legal prerequisites have been met. This review verifies that the required 30% showing of interest is valid and that the petition was filed within the correct window period and is not barred by an existing contract or recent election. If the petition is deficient in any of these areas, the case will be dismissed.
If all administrative requirements are satisfied, the NLRB will arrange a meeting between the employer, the incumbent union, and the petitioning party to secure an agreement for a consent election. Should disputes arise during this stage, such as disagreements over the size of the bargaining unit or the eligibility of specific voters, the NLRB will schedule a formal hearing. A hearing officer will take evidence and testimony to resolve these issues, ensuring the bargaining unit is clearly defined before an election can be scheduled.
Campaigning and the Representation Vote
Once the preliminary issues are resolved, the NLRB will schedule the election, providing a period for all parties to communicate their positions to the employees. Both the incumbent union, the challenging union (if applicable), and the employees advocating for decertification have the right to campaign to secure votes. Federal labor law imposes specific restrictions on the employer’s conduct during this period to ensure the election is conducted fairly and without coercion.
The representation vote itself is conducted by secret ballot and is supervised directly by NLRB agents to maintain integrity. The outcome is determined by a simple majority, meaning 50% plus one of the votes cast. If a replacement union wins, the NLRB certifies it as the new exclusive bargaining representative; if the decertification option wins, the incumbent union is removed and the bargaining unit becomes unrepresented.