Decertification is the act of withdrawing the union’s official recognition as a representative of the organization’s employees. There are namely four circumstances under which a union can be decertified.
1) When the trade union is no longer a trade union
2) When the employer is no longer an employer
3) When the union gives up its bargaining powers
4) When sufficient support is gained from employees to decertify the union
Decertification gives employees the legal right to terminate union representation just as they have the right to form a union. However a union can only be decertified after one year of existence. The termination cannot be initiated at the employer’s end and can only be considered when at least 30% of the union members sign a petition in support of decertification.
The petition will then be sent to the National Labor Relations Board (NRLB) who will declare an election date in the next 60 days. During this time period both the union and the management are allowed to campaign and gain supporters. The union uses methods such as membership meetings, phone calls or even house to house visits. The management uses one on one meetings, legal assistance, or sometimes even subtle threats to gain votes. If there is a tie on the day of voting the NRLB will remove the rights of the union as a bargaining representative of employees.