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Decertification election

Have a union, but don't want it anymore, or want a different one?

Under certain circumstances, you can vote out or "decertify" your union, or replace it with a different union. At least 30% of your coworkers must sign cards or a petition asking the NLRB to conduct an election. Unless a majority of the votes cast in the election are in favor of union representation, the union it will be decertified. Such elections are barred, however, for one year following the union's certification by the NLRB. Plus, if your employer and union reach a collective-bargaining agreement, you cannot ask for a decertification election (or an election to bring in another union) during the first three years of that agreement, except during a 30-day "window period." That period begins 90 days and ends 60 days before the agreement expires (120 and 90 days if your employer is a healthcare institution). After a collective-bargaining agreement passes the three-year mark or expires, you may ask for an election to decertify your union or to vote in another union at any time.

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