What is involved in de-unionizing a workplace?

Having an organized union removed from a workplace is not an easy task, but it is possible as long as the employees take the correct legal steps. The first thing to note, however, is that employers cannot force a group of union workers to de-unionize, and that workers who do wish to de-unionize do not need to ask their employers.

In fact, if an employer assists in any way with how to get rid of a union from a workplace, the union has grounds to fight the removal and will most likely win because the employer helped.

Employees who wish to de-unionize a workplace should begin by contacting a representative of the National Labor Relations Board (NLRB) and petitioning the representative to conduct an employee ballot.

Those wishing to de-unionize must obtain at least a 30 percent employee vote in the petitioning in order for the labor board to hold a secret ballot. This practice is typically met with some resistance from the union, but if the petition holds, the workers will get their vote.

Employees may also instruct (not ask) the employer to withdraw the business’ recognition of the contract between the union and the employer. This is done by petitioning the employer with a signed request stating that the majority (at least 51 or 50 percent +1 person) of the employees no longer wish to be represented by the union that is in place.

In either case, the union will typically resist by citing unfair practices, and may make claims that the employer assisted the employees in the attempt to remove the union. If the union is able to prove this, the contract will stand and the union will not be removed.

Case Studies: De-Unionizing a Workplace

Case Study 1: The Successful Petition

Employees of a manufacturing company were dissatisfied with their union representation. They believed that the union was not adequately addressing their concerns and that it hindered the company’s growth. A group of employees decided to initiate the de-unionization process.

They contacted the National Labor Relations Board (NLRB) and successfully petitioned for an employee ballot. The employees campaigned diligently, explaining their reasons for de-unionization to their colleagues. Ultimately, they obtained more than the required 30 percent of employee votes in favor of de-unionization.

As a result, the NLRB conducted a secret ballot, and the majority of employees voted to remove the union representation. The union contested the de-unionization, alleging employer interference. However, the union could not substantiate their claims, and the de-unionization was upheld.

Case Study 2: The Unsuccessful Attempt

Employees of a retail chain were considering de-unionization. A faction of employees felt that the union was not effectively negotiating fair wages and benefits. They approached their employer for assistance in the de-unionization process.

The employer, aware of labor laws, declined to assist the employees, knowing that any interference on their part could lead to legal complications. The employees, disappointed but undeterred, contacted the NLRB independently and petitioned for an employee ballot.

However, during the campaign, the union alleged that the employer had subtly influenced the employees, despite the employer’s non-involvement. This led to an investigation by the NLRB. The union’s claims were not entirely baseless, but the evidence was insufficient to prove employer interference definitively.

In this case, the NLRB decided to hold another employee ballot to ensure a fair vote, free from any potential external influence. Unfortunately, the second vote resulted in a slim majority in favor of maintaining the union, and the de-unionization attempt was unsuccessful.

Case Study 3: The Employer’s Request

An employer of a tech startup believed that the presence of a union was impeding the company’s flexibility and innovation. The majority of employees shared this sentiment and expressed their desire to de-unionize.

Instead of petitioning the NLRB for an employee ballot, the employees chose a different approach. They collectively submitted a signed request to their employer, stating that at least 51 percent of them no longer wished to be represented by the union.

The employer, recognizing the employees’ clear majority and understanding the legal implications, withdrew the company’s recognition of the contract with the union. The union, though displeased, had no grounds to contest the request, as the employer did not interfere in any way.