APPENDIX D: PETITION AGAINST UNION “REPRESENTATION”

The undersigned employees do NOT want to be represented by the [insert Name of union] Union, do NOT want to join the Union, and do NOT support the Union in any manner.

To the extent that any of the undersigned employees have ever previously signed a Union “authorization card” or other indication of support for union representation, the undersigned employee hereby REVOKES that card, effective immediately. More specifically, our employer, the Union, and all third parties or arbitrators must take NOTICE that any such card signed by an undersigned employee is NULL and VOID.

Should our employer ever voluntarily recognize the Union as the bargaining representative of employees, the undersigned employees hereby petition the National Labor Relations Board27 to hold a DECERTIFICATION ELECTION to determine whether the majority of employees truly wish to be represented by the Union.

27 The NLRB covers private sector employees. If you are a charter school employee who is considered a public sector employee, follow your state law as to where to file this petition, and replace the name of the NLRB with the name of the appropriate state labor board.

NOTE: Only applies to private charter school employees in non-Right to Work states.

[insert your Name] [insert your Mailing address]

[insert Date]

[insert Name of appropriate union officer] [insert Name of union] [insert Address of union]

Dear [insert Name of appropriate union officer]:

I hereby resign as a member of [insert Name of union]. My resignation is effective immediately. I will continue to meet my lawful obligation of paying a

representation fee to the union under its “union security” agreement with [insert Name of employer].

Furthermore, I object to the collection and expenditure of a fee for any purpose other than my pro rata share of the union’s costs of monopoly bargaining, contract administration, and grievance adjustment, as is my statutory right under Communications Workers v. Beck, 487 U.S. 735 (1988).

Pursuant to Beck, I request that you provide me with my procedural rights, including: reduction of my fees to an amount that includes only lawfully chargeable costs; notice of the calculation of that amount, verified by an independent certified public accountant; and notice of the procedure that you have adopted to hold my fees in an interest-bearing escrow account and give me an opportunity to challenge your calculation and have it reviewed by an impartial decision-maker.

[If you pay dues by payroll deduction, include the following: Accordingly, I also hereby notify you that I wish to authorize only the deduction from my wages of representation fees limited to those costs that are lawfully chargeable. If I am required to sign a form to make that change, please provide me with the necessary form.]

Please reply promptly to my request. Any further collection or expenditure of dues or fees from me made without the procedural safeguards required by law will violate my rights under the National Labor Relations Act.

Finally, this objection is permanent and continuing in nature.

Sincerely,

[insert your Name]

[insert your Name] [insert your Mailing address]

[insert Date]

[insert Name of appropriate payroll department management employee] [insert Name of department responsible for payroll deductions] [insert Address of department responsible for payroll deductions]

Dear [insert Name of appropriate payroll department management employee]:

Today I submitted my resignation from [insert Name of union]. A copy of my letter to the union is enclosed. I will continue to meet my lawful obligation of paying a representation fee to the union under its “union shop” or “agency shop” agreement with [insert Name of employer].

Furthermore, I object to the collection and expenditure by the union of a fee for any purpose other than my pro rata share of the union’s costs of monopoly bargaining, contract administration, and grievance adjustment, as is my right under Communications Workers v. Beck, 487 U.S. 735 (1988).

Pursuant to Beck, I request that you ensure that the union provides me with my procedural rights, as outlined in my letter to the union. If it does not, I ask that [insert Name of employer] provide them.

[If you pay dues by payroll deduction, include the following: That I wish to authorize only the deduction from my wages of representation fees limited to those costs that are lawfully chargeable under the National Labor Relations Act. If I am required to sign a form to make that change, please provide me with the necessary form.]

Please reply promptly to my request. Any further collection or expenditure of dues or fees from me made without the procedural safeguards required by law will violate my rights under the National Labor Relations Act.

Sincerely,

[insert your Name]

[At the same time that you resign from the union, you should also notify your employer.]

[insert your Name] [insert your Mailing address]

[insert Date]

[insert Name of appropriate union officer] [insert Name of union] [insert Address of union]

Dear [insert Name of appropriate union officer]:

I am employed by [insert Name of Employer] in the Right to Work state of [insert State’s Name]. Effective immediately, I resign from membership in the local union and all of its affiliated unions.

Because I have resigned my membership in the union, you must now immediately cease enforcing the dues check-off authorization agreement that I signed. That dues check-off authorization was signed solely in conjunction with, and in contemplation of, my becoming a member of the union and, as such, is no longer valid. See IBEW (Lockheed Space Operations Co.), 302 N.L.R.B. 322 (1991); Washington Gas Light Co., 302 N.L.R.B. 425 (1991) (employer in Right to Work state must cease dues deduction upon receipt of resignation/revocation).

If you refuse to accept this letter as both an effective resignation and an immediately effective dues check-off revocation, I ask that you promptly inform me, in writing, of exactly what steps I must take to effectuate my revocation of the dues check-off authorization.

More specifically, if you contend that I must meet a “window period” in order to revoke my dues check-off authorization, I ask that you promptly send me a copy of the actual dues deduction authorization form that I signed, and also tell me specifically what “window period” dates I must meet in order to revoke the dues check-off authorization.

Sincerely,

[insert your Name]

[insert your Name] [insert your Mailing address]

[insert Date]

[insert Name of appropriate payroll department management employee] [insert Name of department responsible for payroll deductions] [insert Address of department responsible for payroll deductions]

Dear [insert Name of appropriate payroll department management employee]:

I am employed by [insert Name of employer] in the Right to Work state of [insert State’s Name]. Effective immediately, I resign from membership in the local union and all of its affiliated unions.

Because I have resigned my membership in the union, you must now immediately cease enforcing the dues check-off authorization agreement that I signed. That dues check-off authorization was signed solely in conjunction with, and in contemplation of, my becoming a member of the union and, as such, is no longer valid. See IBEW (Lockheed Space Operations Co.), 302 N.L.R.B. 322 (1991); Washington Gas Light Co., 302 N.L.R.B. 425 (1991) (employer in Right to Work state must cease dues deduction upon receipt of resignation/revocation).

If you refuse to accept this letter as both an effective resignation and an immediately effective dues check-off revocation, I ask that you promptly inform me, in writing, of exactly what steps I must take to effectuate my revocation of the dues check-off authorization.

More specifically, if you contend that I must meet a “window period” in order to revoke my dues check-off authorization, I ask that you promptly send me a copy of the actual dues deduction authorization form that I signed, and also tell me specifically what “window period” dates I must meet in order to revoke the dues check-off authorization.

Sincerely,

[insert your Name]

Courts continue to sort out union expenses that are chargeable and not chargeable to union non- members. No union expense is chargeable to an objecting non-member unless the union proves it concerns monopoly bargaining, contract administration, and grievance adjustment before a neutral decision-maker.

n Political activities, including activities related to ballot and bond issues

n Ideological activities

n Lobbying, unless necessary to ratify or fund the monopoly bargaining agreement in a non-member public employee’s bargaining unit

n Public relations activities

n Litigation unrelated to monopoly bargaining and bargaining-related litigation solely for other bargaining units where the union does not show a reasonable expectation that other union affiliates will similarly fund

litigation for the non-member’s bargaining unit

n Engagement in illegal strikes

n All or most organizing and member recruitment, depending on whether you are a public or private sector employee

n Union “members only” benefits

n Portions of union publications reporting on the foregoing activities

n Ellis v. BRAC, 466 U.S. 435 (1984)

n Lehnert v. Ferris Faculty Association, 500 U.S. 507 (1991)

n Locke v. Karass, 555 U.S. 207 (2009)

n Pirlott v. NLRB, 522 F.3d 423 (D.C. Cir. 2008) [private sector organizing]

NOTE: Only applies to private charter school employees in non-Right to Work states.

[insert your Name] [insert your Mailing address]

[insert Date]

[insert Name of appropriate union officer] [insert Name of union] [insert Address of union]

Dear [insert Name of appropriate union officer]:

Today I submitted my objection to [insert Name of union] regarding the collection and expenditure by

28 Note: This sample letter applies only to non-members.

the union of a fee for any purpose other than my pro rata share of the union’s costs of monopoly bargaining, contract administration, and grievance adjustment, as is my right under Communications Workers v. Beck, 487 U.S. 735 (1988). Pursuant to Beck, I request that you provide me with my procedural rights, including: reduction of my fees to an amount that includes only lawfully chargeable costs; notice of the calculation of that amount, verified by an independent certified public accountant; and notice of the procedure that you have adopted to hold my fees in an interestbearing escrow account and give me an opportunity to challenge your calculation and have it reviewed by an impartial decision-maker.

following: Accordingly, I also hereby notify you that I wish to authorize only the deduction from my wages of representation fees limited to those costs that are lawfully chargeable under the National Labor Relations Act. If I am required to sign a form to make that change, please provide me with the necessary form.]

Please reply promptly to my request. Any further collection or expenditure of dues or fees from me made without the procedural safeguards required by law will violate my rights under the National Labor Relations Act.

Finally, this objection is permanent and continuing in nature.

Sincerely,

[insert your Name]

[insert your Name] [insert your Mailing address]

[insert Date]

[insert Name of appropriate payroll department management employee] [insert Name of department responsible for payroll deductions] [insert Address of department responsible for payroll deductions]

Dear [insert Name of appropriate payroll department management employee]:

Today I submitted my objection to [insert Name of union] regarding the collection and expenditure by the union of a fee for any purpose other than my pro rata share of the union’s costs of

monopoly bargaining, contract administration, and grievance adjustment, as is my right under Communications Workers v. Beck, 487 U.S. 735 (1988).

A copy of my letter to the union is enclosed. I will continue to meet my lawful obligation of paying a representation fee to the union under its “union shop” or “agency shop” agreement with [insert Name of employer].

Pursuant to Beck, I request that you ensure that the union provide me with my procedural rights, including those outlined in my letter to the union. If it does not, I ask that [insert Name of employer] provide them.

following: Accordingly, I also hereby notify you that I wish to authorize only the deduction from my wages of representation fees limited to those costs that are lawfully chargeable under the National Labor Relations Act. If I am required to sign a form to make that change, please provide me with the necessary form.]

Please reply promptly to my request. Any further collection or expenditure of dues or fees from me made without the procedural safeguards required by law will violate my rights under the National Labor Relations Act.

Sincerely,

[insert your Name]

[insert Date]

[insert Union’s Contact Info]

[insert Employer’s Contact info]

Dear Union and Employer:

I, [insert your Name] , notify [insert Union name], herein UNION, and my employer, [insert Name of employer], herein EMPLOYER, of the following:

In case you consider me a member of UNION, I hereby resign from UNION and all of its affiliates, effective immediately.

You do not have my affirmative consent to take any money in union dues or fees from my paycheck. If you believe I have given consent in the past, that consent

is revoked, effective immediately. I hereby revoke any prior dues/fees-checkoff authorization I may have signed.

This notification is permanent and continuing in nature, unless and until I tell you otherwise. Under Janus v. AFSCME, I insist that you immediately cease deducting any and all union dues or fees from my paycheck.

If you refuse to accept this letter as revoking any prior checkoff authorization, please promptly inform me, in writing, of exactly what steps I must take to effectuate that revocation and stop the deduction of dues/fees from my paycheck for UNION.

Please reply promptly to my request. The further exaction of full union dues or fees from me in a manner inconsistent with this letter will violate my rights under the United States Constitution.

Sincerely yours,

[insert your Name]

Alaska law permits public employees to obtain an election to decertify an exclusive bargaining representative if:

an employee or group of employees or an organization acting in their behalf alleg[es] that 30 percent of the employees of a proposed bargaining unit . . . assert that the organization which has been certified or is currently being recognized by the public employer as a bargaining representative is no longer the representative of the majority of employees in the bargaining unit.

Alaska Statutes § 23.40.100.

A petition for a decertification election must be

presented to the Alaska Labor Relations Agency on a form prescribed by the Agency, accompanied by a 30% showing of interest. See Alaska Statutes §§ 23.40.100(c) & (e) for rules covering when a decertification election can be held.

Public school (including charter school) employees are covered by the Educational Employee Relations Act (“EERA”) that outlines the procedures for decertification. EERA requires the decertification by Public Employment Relations Board (“PERB”).

Persons must file a decertification petition with the appropriate PERB regional office per PERB regulation 32075, and must accompany said petition with proof of support of at least 30% of the employees in the established bargaining unit.

Connecticut law permits public employees to obtain an election to decertify an exclusive bargaining representative if a petition has been filed by an employee or a group of employees alleging that a “substantial number of employees” assert that the organization which has been certified or is currently being recognized by their employer as the bargaining representative is no longer the representative of a majority of employees in the unit. Connecticut General Statutes § 7-471(1)(ii).

A petition for decertification must be presented to the Connecticut State Board of Labor Relations on a form prescribed by the Board.

Delaware law permits public school employees to obtain an election to decertify an exclusive bargaining representative. According to state law:

a group of employees within the bargaining unit may file a petition with the Board for decertification of the exclusive bargaining representative. The petition must contain the uncoerced signatures of at least 30 percent of the employees within the bargaining unit and allege that the employee organization presently certified is no longer the choice of the majority of the employees in the bargaining unit. If a more than 3 years duration is in effect, no petition shall be entertained unless filed not more than 180 days nor less than 120 days prior to the expiration of such agreement. A decertification petition also may be filed if more than 1 year has elapsed from the date of certification of an exclusive bargaining representative and no monopoly bargaining agreement has been executed.

Delaware Statutes Title 19, § 1311(b).

Employees may obtain a petition for a decertification election from the Delaware Public Employment Relations Board (“PERB”).

District of Columbia law permits public employees to obtain an election to decertify an exclusive bargaining representative:

The Board shall issue rules and regulations which provide procedures for certification of exclusive representatives upon the request of 30 percent of the employees.

District of Columbia Code § 1-617.10.

A petition for decertification filed by an employee shall be accompanied by a showing that at least 30% of the employees in the bargaining unit no longer desire to be represented by the exclusive representative. Such petitions must be presented to the District of Columbia Public Employee Relations Board (“PERB”).

The rules explaining the procedures and petition contents required for filing include PERB Rules 505.1 through 505.3 and 505.8.

Florida law permits public employees to obtain an election to decertify an exclusive bargaining representative if:

Any employee or group of employees which no longer desires to be represented by the certified bargaining agent may file with the commission a petition to revoke certification. The petition shall be accompanied by dated statements signed by at least 30 percent of the employees in the unit, indicating that such employees no longer desire to be represented for purposes of monopoly bargaining by the certified bargaining agent. The time of filing said petition shall be governed by the provisions of s[ection] 447.307(3)(d) relating to petitions for certification.

Florida Statutes § 447.308(1).

A petition for a decertification election must be presented to the Florida Public Employees Relations Commission (“PERC”) on a form prescribed by PERC, accompanied by a 30% showing of interest.

Hawaii law permits public employees to obtain an election to decertify an exclusive bargaining representative, stating:

[a] petition to decertify or to change the exclusive bargaining representative must be supported by fifty percent of employees in an appropriate bargaining unit, through verifiable written proof of the names and signatures of employees. Signatures of

employees supporting such a petition must be obtained within two months of the date of the petition to be valid with the Board.

Hawaii Revised Statutes § 89-7(a).

A petition for decertification must be filed with the Hawaii Labor Relations Board, on a form prescribed by the Board.

Note: The following statute uses the word “Deauthorization” but establishes a decertification procedure. According to state law:

A petition in a union shop for an election to determine whether there should be any union representation must show at least thirty percent (30%) or more of the employees in the unit covered by the agreement desire such deauthorization. This petition must be filed with the Idaho Department of Commerce and Labor and Industrial Services.

Idaho Administrative Code § 09.05.03.014.12.

Illinois law has a separate statute that permits educational employees to obtain an election to decertify an exclusive bargaining representative if:

an employee or group of employees or any labor organizations acting on their behalf alleging and presenting evidence that 30% or more of the employees in a bargaining unit wish to be represented for monopoly bargaining or that the labor organization which has been acting as the exclusive bargaining representative is no longer representative of a majority of the employees in the unit.

Illinois Statutes Chapter 115, § 5/7.

Unless a specific bar applies, decertification petitions may be filed between January 15 and March 1 the year that the monopoly bargaining agreement expires, or in the third year of an agreement that is in effect for more than three years. For further information on decertification rules, see Illinois Administrative Code § 1110.60 and § 1110.70.

A petition for a decertification election must be presented to the Illinois Educational Labor Relations Board (“IELRB”) on a form prescribed by the IELRB.

Indiana law permits certified school employees to obtain an election to decertify an exclusive bargaining representative. According to state law:

a petition may be filed by twenty percent (20%) of the school employees in any unit asserting that the designated exclusive

representative is no longer the representative of the majority of school employees in the unit.

Indiana Code Annotated § 20-7.5-1-10(c)(3).

A petition for decertification must be filed with the Indiana Educational Employee Relations Board (“IEERB”) at the Indiana Government Center, accompanied by a 20% showing of interest.

Iowa law permits public employees to obtain an election to decertify an exclusive bargaining representative. According to state law:

The petition of a public employee shall allege that an employee organization which has been certified as the bargaining representative does not represent a majority of such public employees and that the petitioners do not want to be represented by an employee organization or seek certification of an employee organization.

Iowa Code §§ 20.14.3 and 20.14.5(a). A petition for decertification election must be obtained and filed at the Iowa Public Employment Relations Board (“PERB”), accompanied by a 30% showing of interest. Rules covering decertification, including when such a petition may be filed, are available at Iowa Code Annotated § 20.15.6.

Kansas law permits public employees to obtain an election to decertify an exclusive bargaining representative. The Kansas Public Employment Relations Board (“PERB”) “is authorized to hold elections to determine whether . . . a recognized employee organization should be decertified” when 30% or more of the employees in a bargaining unit petition for a decertification election. However, any petition calling for such an election:

shall be dismissed by the board without determining the questions raised therein if such petition is filed more than 150 days or less than 90 days prior to the expiration date of an existing memorandum of agreement which governs the terms and conditions of employment of the employees within the appropriate unit.

Kansas Statutes Annotated § 75-4327(d).

A petition for decertification can be obtained and filed at the Kansas Public Employee Relations Board (“PERB”). See Kansas Administrative Regulations § 84-2-7 for PERB’s rule covering decertification of a public-employee organization.

Maine law states that municipal employees have a right to not join a union. Maine Revised Statutes Annotated Title 26, § 963. Maine law permits public

employees to obtain an election to decertify an exclusive bargaining representative if 30% of the employees in a bargaining unit petition for decertification. Maine Revised Statutes Annotated Title 26, § 967 (municipal employees). A petition for a decertification election may be obtained and filed at the Maine Labor Relations Board on a form provided by the Board.

Massachusetts law permits public employees to obtain an election to decertify an exclusive bargaining representative. See General Laws of Massachusetts, Chapter 150E, § 4. A petition for a decertification election must be presented to the Massachusetts Labor Relations Commission (“MLRC”) on a form prescribed by the Commission.

General Laws of Massachusetts, Chapter 150E, § 4. A petition for a decertification election must be presented to the Massachusetts Labor Relations Commission (“MLRC”) on a form prescribed by the Commission.

Michigan law permits public employees to obtain an election to decertify an exclusive bargaining representative if:

a public employee or group of public employees . . . alleg[es] that 30% or more of the public employees within a unit . . . assert that the individual or labor organization,

which is certified or is being currently recognized by their public employer as the bargaining representative, is no longer a [majority] representative.

Michigan Compiled Laws Annotated § 423.212.

A petition for a decertification election must be presented to the Michigan Employment Relations Commission (“MERC”) on a form prescribed by the Commission, accompanied by a 30% showing of interest.

If a monopoly bargaining agreement applies to employees of a public school district or a public educational institution, and the agreement expires between June 1 and September 30, the petition covering those employees may be filed between January 2 and March 31 of the year the monopoly bargaining agreement expires, or the third year of monopoly bargaining agreements that last longer than three years. See MERC Rule 423.141(c); rules covering decertification, including when such a petition may be filed, see MERC Rules 423.141 and 423.145.

The petition or cards signed by bargaining unit employees to establish the 30% must state that they “no longer consider the certified bargaining unit representative as their representative,” not just that they request an election. Hepler v. State Department of Labor, 235 N.W.2d 161 (Mich. Ct. App. 1975).

Minnesota law permits public employees to obtain an election to decertify an exclusive bargaining representative. According to state law::

An individual employee or group of employees in a unit may obtain a decertification election upon petition to the commissioner stating the certified representative no longer represents the majority of the employees in an established unit and that at least 30 percent of the employees wish to be unrepresented.

Minnesota Statutes § 179A.12.3.

A petition for a decertification election must be presented to the Minnesota Bureau of Mediation Services on a form prescribed by the Bureau, and accompanied by valid “deauthorization” (decertification) cards signed and dated by at least 30% of the employees included within the appropriate unit.

Missouri law permits public employees to obtain an election to decertify an exclusive bargaining representative. According to state law:

A petition for decertification of public employee representative may be filed by

any employee or group of employees or any individual acting on their behalf alleging that the certified or currently voluntarily recognized employee representative is no longer the majority representative of such employees.

Code of State Regulations, title 8 § 40-2.020.

A petition for decertification election must be presented to the Missouri State Board of Mediation on a form prescribed by the Board, and accompanied by a 30% showing of interest.

Nevada law permits local government employees to obtain an election to decertify an exclusive bargaining representative if:

the board in good faith doubts whether any employee organization is supported by a majority of the local government employees in a particular bargaining unit, it may conduct an election by secret ballot upon the question.

Nevada Revised Statutes § 288.160, subdivision 4.

New Hampshire law permits public employees to

obtain an election to decertify an exclusive bargaining representative if:

a petition is filed by bargaining unit . . . asserting that the employee organization which has been certified by the board is no longer the representative of the majority of employees in the bargaining unit.

New Hampshire Revised Statutes Annotated § 273C:10.

The petition for a decertification election must be presented to the New Hampshire Public Employee Labor Relations Board on a form prescribed by the Board, accompanied by a 30% showing of interest by employees who have signed a decertification signature card.

New Jersey law permits public employees to obtain an election to decertify an exclusive bargaining representative if there is:

a showing of interest of not less than 30 percent of the employees in the unit in which an exclusive representative has been recognized or certified. A showing of interest shall indicate that the employees no longer desire to be represented for purposes of collective negotiations by the recognized or

certified employee representative or by any other employee representative.

New Jersey Administrative Code § 19:11-1.3.

A petition for decertification must be presented to the New Jersey Public Employment Relations Commission on a form prescribed by the Commission, accompanied by a 30% showing of interest.

Note, however, that for one year after certification of a majority representative, its majority status is conclusively presumed so as to bar the filing of any petition . . . seeking decertification of the present one. Galloway Township Board of Education v. Galloway Township Association of Educational Secretaries, 78 N.J. 1 (1978).

New Mexico law permits public employees to obtain an election to decertify an exclusive bargaining representative if:

thirty percent of the public employees in the appropriate bargaining unit make a written request to the board or local board.

New Mexico Statutes Annotated § 10-7E-16(A).

A decertification election will be valid if 40% of the eligible employees in the bargaining unit vote in

the election. New Mexico Statutes § 10-7E-16 (A). A written request for a decertification election must be presented to either a local board if it exists or the New Mexico Public Employee Labor Relations Board (“PERB”).

New York law permits public employees to obtain an election to decertify an exclusive bargaining representative:

A petition alleging that an employee organization which has been certified or is being currently recognized should be deprived of representation status as to all or part of a unit (hereinafter called a “petition for decertification”), may be filed by one or more public employees.

New York Civil Service Rules & Regulations § 201.2.

Petitions for decertification elections must be presented to the New York Public Employee Relations Board (“PERB”) on a form prescribed by the Board, and accompanied by a 30% showing of interest.

Ohio law permits public employees to obtain an election to decertify an exclusive bargaining representative if:

a petition is filed, in accordance with rules prescribed by the state employment relations board . . . [by] any employee or group of employees, or any individual or employee organization acting in their behalf, alleging that at least thirty per cent of the employees in an appropriate unit . . . assert that the designated exclusive representative is no longer the representative of the majority of employees in the unit.

[T]he board shall investigate the petition, and if it has reasonable cause to believe that a question of representation exists, provide for an appropriate hearing upon due notice to the parties.

Ohio Revised Code § 4117.07(A)(1).

A petition for a decertification election must be presented to the Ohio State Employment Relations Board (“SERB”) on a form prescribed by the Board, accompanied by at least a 50% showing of interest.

Additionally, employees of a charter school that was converted from an existing public school are included in the monopoly bargaining unit that they were in immediately prior to the school’s conversion, and therefore subject to the applicable monopoly bargaining agreements. However, employees at the conversion

charter school may get out of the old bargaining unit and decertify the union as the exclusive bargaining representative if a majority of the conversion charter school’s employees, subject to the same monopoly bargaining agreement, sign and submit a petition to the SERB requesting the following:

(a) That all the employees of the community school who are subject to that agreement be removed from the bargaining unit that is subject to that agreement; (b) That any employee organization certified as the exclusive representative of the employees of that bargaining unit be decertified as the exclusive representative of the employees of the community school who are subject to that agreement; (c) That the governing authority of the community school be regarded as the “public employer” of these employees for purposes of Chapter 4117. of the Revised Code.

Ohio Revised Code §§ 3314.10(A)(5)(a)-(c).

Oklahoma law permits school employees to obtain an election to decertify an exclusive bargaining unit:

[i]n any February more than two (2)

years after recognition of an organization pursuant to the provisions of this section and upon the receipt of a petition calling for discontinuation of representation signed by thirty-five percent (35%) of the employees eligible to be included in the unit, [then] a local board shall call an election to determine whether the members of a unit wish to discontinue being represented for bargaining.

Oklahoma Statutes, title 70, § 509.2.C.7.

A petition for a decertification election must be presented to the local board of education.

Oregon law permits public employees to obtain an election to decertify an exclusive bargaining representative if:

[a]n employee or group of employees alleging that 30 percent of the employees assert that the designated exclusive representative is no longer the representative of the majority of employees in the unit.

Oregon Revised Statutes Annotated § 243.682.

A petition for a decertification election must be presented to the Oregon Employment Relations Board, on a form prescribed by the Board, accompanied by a

30% showing of interest.

Pennsylvania law permits public employees to obtain an election to decertify an exclusive bargaining representative:

[A] public employe [sic] or a group of public employes [sic] may file a petition for decertification provided it is supported by a thirty per cent showing of interest.

Pennsylvania Statutes Annotated Title 43 § 1101.607.

A petition for a decertification election must be presented to the Pennsylvania Labor Relations Board on a form for public employees, available from the Board.

Rhode Island law permits public employees to obtain an election to decertify an exclusive bargaining representative:

[W]henever it is alleged by an employee or his or her representative that there is a question or controversy concerning the representation of employees, the board shall investigate the question or controversy . . . .

General Laws of Rhode Island Annotated § 28-7-16.

The Rhode Island Labor Relations Board Rules and Regulations § 8.06.1(a), Petition for Decertification, states:

A petition may be filed by either employees, an employer, or a rival labor organization to displace or decertify a certified or recognized labor organization.

A petition for decertification election must be presented to the Rhode Island Labor Relations Board on a form prescribed by the Board and must be accompanied by a 30% showing of interest. Board Rules and Regulations § 8.06.1(e) states:

[w]hen thirty (30) percent or more of the employees in a bargaining unit covered by an agreement between their employer and a labor organization requiring membership in a labor organization as a condition of employment file a petition alleging that they desire that the authority of the labor organization to make such an agreement be rescinded, the Board’s Agent shall conduct a secret ballot of the employees in such unit and certify the results . . . .

Wisconsin law permits public employees to obtain an election to decertify an exclusive bargaining representative. According to state law:

If a petition is filed . . . for the discontinuance of existing representation indicating a showing of interest by 30% of the total number of employees . . . , the commission should hold an election . . . .

Wisconsin Statutes Annotated § 111.83(5) (h).

A petition for a decertification election must be presented to the Wisconsin Employment Relations Commission (“WERC”) on a form prescribed by the Commission, accompanied by a 30% showing of interest.

First, you should assess the strength of your fellow employees’ support for decertification within your specific bargaining unit. Usually, it is not worth calling for such an election unless you believe you can gather support from a majority of co-employees. To win, you will need a majority vote from charter school employees who vote on the election day. Remember, no employer involvement is allowed.

To proceed, you and other charter school employees should collect signatures on a petition that is similar to the following sample petition:

The undersigned employees of [insert Name of employer] do not want to be represented by [insert Union name], hereafter referred to as “union.”

Should the undersigned employees constitute 30% or more, but less than 50%, of the bargaining unit represented by the union, the undersigned employees hereby petition the National Labor Relations Board to

hold a decertification election to determine whether the majority of employees also no longer wish to be represented by the union.

In addition, should the undersigned employees constitute 50% or more of the bargaining unit represented by the union, the undersigned employees hereby request that our employer immediately withdraw recognition from the union, as it does not enjoy the support of a majority of employees in the bargaining unit.

Once employees have collected the appropriate number of signatures, they also need to fill out a separate NLRB “Petition” cover sheet, NLRB Form 502. This single sheet of paper is easy to fill out, and is available from any Regional Office of the NLRB. The NLRB’s website contains copies of the Petition Form (requires Adobe Acrobat Reader), as well as a directory of the regional NLRB offices in your area.29

Finally, Foundation staff attorneys may be contacted with questions on how to proceed, about assistance getting through to the NLRB, or concerning legal difficulties interfering with your efforts, at (800) 3363600, legal@nrtw.org, or https://www.nrtw.org/freelegal-aid/.

29 Visit http://www.nlrb.gov/forms and click on “NLRB Form 502 - Petition.”