Employees at Southern Bakeries filed a decertification petition in 2011 – yes, this case started in 2011. That election was unsuccessful. Another employee waited the required 1-year and filed a second decertification petition in 2012. After that filing, the employee collected signatures of 2/3 of the bargaining unit expressing their interest in decertifying the union.…

An employer is only allowed to bargain with a union that has proven it represents a majority of employees in an appropriate bargaining unit. Otherwise the company violates the law by recognizing a non-majority union. This rule on majority status is tricky. If a company thinks a union has lost its majority status it is…

Withdrawing recognition is one way to get rid of a union, but it is a complex legal maneuver best left to the professionals (me). The employer here seemed to have properly withdrawn recognition from the union by, among other things, having employees express a current intent to terminate their membership within the union. However, the…

The typical way a union gets into a workplace is through a secret ballot election. Yet, there is no typical way to get a union out of a workplace. Rather, employees can decertify the union through a secret ballot election or the employer can stop recognizing the union as representative of its employees – this…