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For petitions to certify or decertify a union (RC, RD and RM) cases, the party who will file the petition (the petitioner) must obtain a showing of interest. This showing is usually in the form of cards or signature sheets, which must be dated, authorizing the union to represent the employees or providing that the employees no longer wish to be represented by the incumbent union. If a petition is filed by an employer (an RM case), the petitioner must provide proof of a demand for recognition by the labor organization named in the petition or evidence supporting a statement of good faith uncertainty about majority support for an existing representative.
The petitioner obtains the petition form, a Form NLRB-4812 - Description of Procedures in Certification and Decertification Cases, and Form NLRB-505 - Statement of Position from the NLRB website or an NLRB office.
The petitioner completes the petition form and serves on the employer and all other parties named on the petition a) a copy of the completed petition form, b) the Form NLRB-4812 - Description of Procedures in Certification and Decertification Cases, and c) a blank Form NLRB-505 - Statement of Position. If the petition will be E-Filed through the Board’s website, the petitioner must serve the petition and forms on the parties by electronic mail (email), if possible. If a party does not have the ability to receive electronic service, that party must be notified by telephone of the substance of the transmitted document and a copy of the document must be served by personal service no later than the next day, by overnight delivery service, or, with the permission of the party receiving the document, by facsimile transmission. If the petition will be filed by facsimile, service on the parties must be made in the same way as used to file the document, or in a more expeditious manner. When a party cannot be served by facsimile, or chooses not to accept service by facsimile, the party must be notified personally or by telephone of the substance of the transmitted document and a copy of the document shall be served by personal service or overnight delivery service.
The petitioner files the petition with the NLRB by E-Filing through the Board’s website, fax, regular mail or hand delivery and simultaneously provides the NLRB with its showing of interest (see number 1) and a certificate of service showing that it has served the employer and other parties as described in item 3 above. An optional Certificate of Service of Petition form is available. The petition should be filed with the regional director for the regional office in which the proposed or actual bargaining unit exists. If the bargaining unit exists in two or more regions, it may be filed in any of those regions.