Deauthorization laws are not necessary in Right to Work states, because
Right to Work laws prohibit compulsory union membership and fee requirements.
You may contact Foundation staff attorneys if you have questions about
how to proceed under any of these laws, need assistance in dealing with the appropriate
state agency, or encounter legal difficulties interfering with your efforts.
Alaska
Decertification: 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 per cent 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 bargaining representative is no
longer the representative of the majority of employees in the bargaining unit.” Alaska
Statutes section 23.40.100. A petition for a decertification election must be presented to
the Alaska Labor Relations Agency (ALRA) on a form prescribed by the Agency,
available at: http://146.63.75.50/laborr/forms/rep4.pdf, accompanied by a 30% showing
of interest. See Alaska Statutes Sections 23.40.100(c) & (e) for rules covering when a
decertification election can be held.
Deauthorization: Alaska law has no provision for deauthorization of a public sector
agency fee agreement.
California
Decertification: The procedures for decertifying an exclusive bargaining representative
depend on whether the employee is covered by the Educational Employee Relations Act
(EERA) (public schools and community colleges); the Dills Act (state employees); the
Higher Education Employer-Employee Act (HEERA) (state universities); or the Meyers-
Milias Brown Act (MMBA) (cities and counties). See
http://www.perb.ca.gov/laws.htm
If the employee is covered by the EERA, the Dills Act, or the HEERA, then a
decertification petition is filed with the California Public Employment Relations
Commission (PERB), available at:
http://www.perb.ca.gov/pdfs/forms_pubs/decertpet.pdf
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.
If the employee is covered by the MMBA, then decertification elections are determined
and processed in accordance with the rules adopted by the local city or county agency.
See California Government Code Section 3507.1.
Deauthorization: California law has provisions which provide for recission
(deauthorization) of a public sector agency shop agreement. For MMBA-covered
employees, the local public agency may provide for procedures different from PERB’s.
California Government Code Section 3502.5(d). The employee should consult the
relevant city or county ordinance to determine if the local public agency has provided any
deauthorization procedures. If the local public agency provides no procedures, the
employee may petition PERB for relief. See PERB Regulation 60000(a).
Employees governed by the Dills Act (state employees) must file a petition for recission
of the fair share fee provision with the PERB in Sacramento. To obtain a Recission
Petition see the PERB website at:
http://www.perb.ca.gov/pdfs/forms_pubs/dillsosrecission.pdf
Public school (K-12) and community college employees (EERA) can file a petition for
recission of the fair share fee provision with the appropriate PERB regional office (see
PERB Regulation 32075). To obtain a Recission Petition see the PERB website at:
http://www.perb.ca.gov/forms_pubs.htm, and scroll down, then click on EERA Fair
Share Fee Recission Petition.
Higher education employees (HEERA) can file a petition for recission of the fair share
fee provision with the appropriate PERB regional office. To obtain a Recission Petition
see the PERB website at: http://www.perb.ca.gov/forms_pubs.htm, and scroll down,
then click on HEERA Fair Share Fee Recission Petition..
Connecticut
Decertification: 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 group of employees alleging that a “substantial number of employees” assert
that the employee 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 Annotated section 7-
471(1)(ii). A petition for decertification must be presented to the Connecticut State
Board of Labor Relations (CSBLR) on a form prescribed by the CSBLR, available at:
30% showing of interest.
A “substantial number of employees” “is pluralistic”. A single employee can hardly be “a
substantial number of employees” under section 7-471(1)(A). Town of Winchester v.
Connecticut St. Bd. of Labor, 402 A.2d 332 (Conn. 1978).
Deauthorization: Connecticut law has no provision for deauthorization of a public sector
agency shop agreement.
Delaware
Decertification: Delaware law permits public employees to obtain an election to decertify
an exclusive bargaining representative pursuant to Delaware Statutes Title 19, section
1311(b): “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 lawful collective
bargaining agreement of no 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 collective bargaining agreement has been executed.” See the same language at 14
Delaware Code section 4011, for public school employees, and at 19 Delaware Code
section 1611, for Police Officers and Firefighters. Employees may obtain a petition for a
decertification election from the Delaware Public Employment Relations Board (PERB)
at 820 N. French Street, 4th Floor, Wilmington, DE 19801. Telephone: (302) 577-5070.
Deauthorization: Delaware law has no provision for deauthorization of a public sector
agency shop agreement.
District of Columbia
Decertification: 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 decertification of exclusive representatives
upon the request of 30 percent of the employees.” District of Columbia Code section
1-617.10. A petition for decertification filed by an employee shall be accompanied by a
showing that at least thirty percent (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), located
at 717 14th Street, NW, 11th Floor, Washington, DC 20005. Telephone: (202) 727-1822.
The rules explaining the procedures and petition contents required for filing include
PERB Rules 505.1 through 505.3 and 505.8, and are available at: http://perb.dc.gov/.
Click on Dispute Resolution (under Services); Certification and de-certification of labor
organization as exclusive bargaining representative (Section 505) (under Bargaining
Unit).
Deauthorization: District of Columbia law has no provision for deauthorization of a
public sector agency shop agreement.
Florida (Right to Work State)
Decertification: Florida law permits public employees to obtain an election to decertify
an exclusive bargaining representative. “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 collective 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 Annotated section 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, available at:
http://www2.myflorida.com/les/perc/Forms/PDF’s/pdf.html, (click on PERC Forms,
Petition to Revoke Certification) accompanied by a 30% showing of interest.
The Florida PERC did not have authority to decertify local union on basis that local had
abandoned employees, represented by 12 years of inactivity. City of Boynton Beach v.
State Pub. Employees Relations Comm’n, 543 So.2d 403 (Fla. Dist. Ct. App. 1989).
Hawaii
Decertification: Hawaii law permits public employees to obtain an election to decertify
an exclusive bargaining representative pursuant to Hawaii Revised Statutes section 89-7,
which states “[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 Annotated section 89-7(a). A petition for decertification must be filed with the
Hawaii Labor Relations Board, 830 Punchbowl Street, Honolulu, HI 96813, on a form
prescribed by the Board. Call (808) 586-8610.
Deauthorization: Hawaii law has no provision for deauthorization of a public sector
agency shop agreement.
Illinois
Decertification: Illinois law permits public employees to obtain an election to decertify
an exclusive bargaining representative if “a public employee or group of public
employees . . . demonstrat[e] that 30% of the public employees in an appropriate unit . . .
assert[] that the labor organization which has been certified or is currently recognized by
the public employer as bargaining representative is no longer the representative of the
majority of public employees in the unit . . . .” Illinois Statutes Chapter 5, section 315/9.
Illinois law has a separate law which 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 collective 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, section 5/7.
Public employees (other than educational): A petition for a decertification election must
be presented to the Illinois Labor Relations Board (ILRB), on a form (Decertification
Petition) prescribed by the ILRB, available at:
http://www2.state.il.us/ilrb/subsections/forms/index.asp, accompanied by a 30% showing
of interest. ILRB rules covering decertification can be found at 80 Illinois Administrative
Code sections 1210.60 and 1210.80.
Educational employees: A petition for a decertification election must be presented to the
Illinois Educational Labor Relations Board (IELRB) on a form prescribed by the IELRB
http://www.state.il.us/agency/ielrb/pdf/represnt.pdf
Deauthorization: Illinois law has no provision for deauthorization of a public sector
agency shop agreement.
Indiana
Decertification: Indiana law permits certified school employees to obtain an election to
decertify an exclusive bargaining representative. “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 section 20-7.5-1-10(c)(3). A petition for decertification
must be filed with the Indiana Educational Employee Relations Board at the Indiana
Government Center, Suite N1049, 100 N. Senate Avenue, Indianapolis, IN 46204,
accompanied by a 20% showing of interest. For more information call (317) 232-9132.
Deauthorization: Indiana law has no provision for deauthorization of a public sector
agency shop agreement.
Iowa (Right to Work State)
Decertification: Iowa law permits public employees to obtain an election to decertify an
exclusive bargaining representative. “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 Annotated sections 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, 514 E. Locust, Suite 202, Des Moines, IA 50309, accompanied by a
30% showing of interest. Rules covering decertification, including when such a petition
may be filed are available at Iowa Code Annotated section 20.15.6. For more information
call (515) 281-4414.
Kansas (Right to Work State)
Decertification: Kansas law permits public employees to obtain an election to decertify
an exclusive bargaining representative. The Kansas Public Employment Relations Board
“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 section 75-4327(d).
A petition for decertification can be obtained and filed at the Kansas Public Employee
Relations Board (PERB), 1430 Topeka Blvd., Topeka, KS 66012. Telephone (785) 368-
6224. See Kansas Administrative Regulations section 84-2-7 for PERB’s rule covering
decertification of a public employee organization.
Kentucky
Decertification: Kentucky law permits firefighters to obtain an election to decertify an
exclusive bargaining representative if “a firefighter or group of firefighters . . . [a]ssert
that the labor organization which has been certified or is currently being recognized by
the public employer as bargaining representative is no longer the representative of the
majority of employees in the unit . . . .” Kentucky Revised Statutes section 345.060. A
petition for a decertification election must be presented to the Kentucky State Labor
Relations Board, Cabinet of Employment Standards and Mediation , 1047 U.S. Highway
127 South, Suite 4, Frankfort, KY 40601. Telephone (502) 564-2784.
Deauthorization: Kentucky law has no provision for deauthorization of a public sector
agency shop agreement.
Maine
Decertification: 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, section 967 (municipal
employees); Maine Revised Statutes Annotated Title 26, section 979-F (state employees);
Maine Revised Statutes Annotated Title 26, section 1025 (University of Maine
employees); Maine Revised Statutes Annotated, Title 26 section 1287 (judicial
employees). These statutes are available at:
A petition for a decertification election may be obtained and filed at the Maine Labor
Relations Board on a form available at: http://janus.state.me.us/mlrb/form2a.pdf
For rules covering decertification, including when such a petition may be filed, see
MLRB’s Rules and Procedures Chapter 11, sections 41 through 58, available at:
http://janus.state.me.us/mlrb/MLRB2001Rules.pdf
Deauthorization: Maine law has no provision for deauthorization of a public sector
agency shop agreement.
Maryland
Decertification: Maryland law permits higher education employees (non-faculty) to
obtain an election to decertify an exclusive bargaining representative . A “bargaining unit
employee may file a decertification petition with the Board requesting an election to
determine if the incumbent certified exclusive representative of the bargaining unit does,
in fact, continue to represent a majority of the employees in the bargaining unit.” Code of
Maryland Regulations section 14.30.04.11. A petition for a decertification election must
be presented to the State Higher Education Labor Relations Board, 839 Bestgate Road,
Suite 400, Annapolis, MD 21401. Telephone: 410-260-3216. The State Higher
Education Labor Relations Board has a website: http://www.mhec.state.md.us/shelrb/
Maryland law also permits employees of departments within the Executive Branch (i.e.,
Insurance Administration, State Department of Assessments and Taxation, and the State
Lottery Agency) to obtain an election to decertify an exclusive bargaining representative:
“The mediation unit of the Department of Labor, Licensing, and Regulation shall . . .
[m]ake determinations regarding certification and decertification of exclusive bargaining
representative.” Code of Maryland Regulations section 01.01.1996.13. A petition for a
decertification election must be filed with the Department of Labor, Licensing and
Regulation; Mediation Unit, 1110 North Eutaw Street, Baltimore, MD 21201. The
website is: http://dllr.state.md.us
Deauthorization: Maryland law has no provision for deauthorization of a public sector
agency shop agreement.
Massachusetts
Decertification: Massachusetts law permits public employees to obtain an election to
decertify an exclusive bargaining representative when “a petition filed by or on behalf of
a substantial number of the employees in a unit alleg[es] that the exclusive representative
therefor no longer represents a majority of the employees therein, shall investigate, and if
it has reasonable cause to believe that a substantial question of representation exists, shall
provide for an appropriate hearing upon due notice. General Laws of Massachusetts,
Chapter 150E section 4, available at: http://www.state.ma.us/legis/laws/mgl/150E-4.htm.
A petition for a decertification election must be presented to the Massachusetts Labor
Relations Commission (MLRC) on a form prescribed by the Commission, available at:
http://www.mass.gov/lrc/forms/petition.pdf.
The MLRC’s regulations covering decertification when a petition is filed by a
“substantial number of employees” are at 456 Code of Massachusetts Regulations section
14.04, and is available at: http://www.mass.gov/lrc/regulations/456-cmr-14.html#04.
Deauthorization: Massachusetts law has no provision for deauthorization of a public
sector agency shop agreement.
Michigan
Decertification: 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.” Mich. Compiled Laws Annotated section 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, available at:
http://www.michigan.gov/cis/0,1607,7-154-10576_17484—,00.html (click on Petition
for
Representation Proceedings), accompanied by a 30% showing of interest. For 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 Dept. of Labor, 235
N.W.2d 161 (Mich. Ct. App. 1975).
Deauthorization: Michigan law has no provision for deauthorization of a public sector
agency shop agreement.
Minnesota
Decertification: Minnesota law permits public employees to obtain an election to
decertify an exclusive bargaining representative: “[a]n 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 Annotated section 179A.12, subd. 3. A petition for a
decertification election must be presented to the Minnesota Bureau of Mediation Services
(BMS) on a form prescribed by the Bureau, available at:
http://www.bms.state.mn.us/forms/petition%20for%20represent.pdf
and accompanied by valid deauthorization cards signed and dated by at least 30% of the
employees included within the appropriate unit (see sample at the above BMS link).
http://www.bms.state.mn.us/decertinfo.html
Deauthorization: Minnesota law has no provision for deauthorization of a public sector
agency shop agreement.
Missouri
Decertification: Missouri law permits public employees to obtain an election to decertify
an exclusive bargaining representative: “[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.” 8 Missouri Code of State Regulations section 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, available at: http://www.dolir.state.mo.us/sbm/06-AI.pdf
and accompanied by a 30% showing of interest. The rules covering decertification are 8
Missouri Code of State Regulations sections 40-2.020 and 40-2.040, available at:
http://www.sos.mo.gov/adrules/csr/current/8csr/8c40-2.pdf.
Deauthorization: Missouri law has no provision for deauthorization of a public sector
agency shop agreement.
Montana
Decertification: Montana law permits public employees to obtain an election to decertify
an exclusive bargaining representative if a petition has been filed: “by an employee or
group of employees . . . alleging that 30% of the employees . . . assert that the labor
organization which has been certified or is currently being recognized by the public
employer as bargaining representative is no longer the representative of the majority of
employees in the unit,” and if “[t]he board or an agent of the board . . . has reasonable
cause to believe that a question of representation exists, it shall provide for an
appropriate hearing . . . in accordance with such rules as may be prescribed by the board .
. . .” Montana Code Annotated section 39-31-207. A petition for a decertification
election must be presented to the Montana Board of Personnel Appeals, on a form
prescribed by the Board, available at:
http://erd.dli.state.mt.us/laborstandard/wagehrbpa.asp (click on “Board of Personnel
Appeals Forms” then “Decertification”) and accompanied by a 30% showing of interest.
See Montana Administrative Rules 24.26.643–645, 647 and 649, which detail the
Board’s rules covering decertification, including when such a petition may be filed.
The Board of Personnel Appeals may refuse to hold a decertification election if unfair
labor practice charges are pending against the employer. State ex rel. Bd. of Personnel
Appeals v. District Court, 183 Mont. 223, 598 P.2d 1117 (1979).
Deauthorization: Montana law has no provision for deauthorization of a public sector
agency shop agreement.
Nebraska (Right to Work State)
Decertification: Nebraska law permits public employees to obtain an election to decertify
an exclusive bargaining representative: “[t]he commission shall determine questions of
representation for purposes of collective bargaining for and on behalf of employees and
shall make rules and regulations for the conduct of elections to determine the exclusive
collective-bargaining agent for employees, except that in no event shall a contract
between an employer and an exclusive collective-bargaining agent act as a bar for more
than three years to any other party seeking to represent employees, nor shall any contract
bar for more than three years a petition by employees seeking an election to revoke the
authority of an agent to represent them.” Nebraska Revised Statutes section 48-838. The
petition for a decertification election must be presented to the Nebraska Commission of
Industrial Relations according to Rule 9 of the Rules of the Commission of Industrial
Relations, available at:
http://www.nol.org/home/NCIR/rules/ShowFrame.cgi?09.rules++, and accompanied by a
30% showing of interest, according to Rule 10 of the Rules of the Nebraska Commission
of Industrial Relations, available at:
http://www.nol.org/home/NCIR/rules/ShowFrame.cgi?10.rules++
Nevada (Right to Work State)
Decertification: 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 Annotated section 288.160, subdivision 4.
New Hampshire
Decertification: New Hampshire law permits public employees to obtain an election to
decertify an exclusive bargaining representative if “a petition is filed by [a]t least 30
percent of the employees in the 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 section 273-A:10. An identical provision pertains to dog and horse racing
employees, see New Hampshire Revised Statutes Annotated section 273-C:10. The
petition for a decertification election must be presented to the New Hampshire Public
Employee Labor Relations Board (PELRB) on a form prescribed by the Board, available
at: http://www.state.nh.us/pelrb/Forms/ (click on “Petiition for Decerti..”)
accompanied by a 30% showing of interest by employees who have signed a
decertification signature card, available at: http://www.state.nh.us/pelrb/Forms/ (Click on
“Decertification sign..”). For additional information on decertification, see PELRB’s
website at: http://www.state.nh.us/pelrb/about.htm (click on “Decertification Petition”).
Deauthorization: New Hampshire law has no provision for deauthorization of a public
sector agency shop agreement.
New Jersey
Decertification: 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 per cent 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 section 19:11-1.3. A petition for
decertification must be presented to the New Jersey Public Employment Relations
Commission (PERC) on a form prescribed by the Commission, available at:
http://www.state.nj.us/perc/NJ_PERC_Representation_Petition.pdf, accompanied by a
30% showing of interest. PERC’s rules covering decertification are available at:
http://www.state.nj.us/perc/njac19_11.pdf.
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 Bd. of Educ. v. Galloway Township Ass’n of
Educational Secretaries, 78 N.J. 1, 393 A.2d 207 (1978).
Deauthorization: New Jersey law has no provision for deauthorization of a public sector
agency shop agreement.
New Mexico
Decertification: 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 section 10-7E-16(A). A decertification election will
be valid if forty percent of the eligible employees in the bargaining unit vote in the
election. New Mexico Statutes Annotated section 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 at 2929 Coors N.W., Suite 303,
Albuquerque, NM 87102. Telephone (505) 660-1338.
Deauthorization: New Mexico law has no provision for deauthorization of a public sector
agency shop agreement.
New York
Decertification: 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 section 201.2. A decertification election petition must be
presented to the New York Public Employment Relations Board (PERB) on a form
prescribed by the Board, available at:
http://www.perb.state.ny.us/pdf/petitioncert_decert.pdf
and accompanied by a 30% showing of interest. PERB’s rules covering decertification,
including when such a petition may be filed are New York Civil Service Rules &
Regulations sections 201.3 & 201.5, available at:
http://www.perb.state.ny.us/PERBRules.asp#rep. (click on “201 Determination of
Representation Status Under Section 207 of the Act”.)
Deauthorization: New York law has no provision for deauthorization of a public sector
agency shop agreement.
Ohio
Decertification: 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 Annotated
section 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,
available at: http://www.serb.state.oh.us/pdf/forms/rep/PDE.pdf, accompanied
by at least 50% showing of interest.
Deauthorization: Ohio law has no provision for deauthorization of a public sector agency
shop agreement.
Oklahoma (Right to Work State)
Decertification: Oklahoma law permits school employees to obtain an election to
decertify an exclusive bargaining representative. If “[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 Annotated Title 70,
section 509.2.C.7. A petition for a decertification election must be presented to the local
board of education.
Oklahoma law permits police and firefighters to obtain an election to decertify an
exclusive bargaining representative if “a petition is filed . . . alleging that thirty percent
(30%) of the fire fighters or police officers in a municipality . . . assert that the designated
exclusive employee representative is no longer the representative of the majority of
employees in the unit.” Oklahoma Statutes Annotated Title 11, section 51-103. A petition
for a decertification election must be presented to the Oklahoma Public Employee
Relations Board (PERB), accompanied by a 30% showing of interest, on forms available
at: http://www.ok-perb.state.ok.us/decert_show_.htm.
PERB Rules 585:15-3-1 through 585:15-3-9, available
at: http://www.ok-perb.state.ok.us/perb_rules.htm, cover decertification, including when
to file such a petition.
Oregon
Decertification: 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 section 243.682. A petition for a decertification election must be
presented to the Oregon Employment Relations Board (ERB), on a form prescribed by
the Board, available at: http://www.erb.state.or.us/pdfs/repfm4e3.pdf accompanied by a
30% showing of interest. ERB’s rules covering decertification are Oregon
Administrative Rules 115-025-0000(c) and 115-025-0010(3), available at:
http://arcweb.sos.state.or.us/rules/number_index.html (click on “115 Employment
Relations Board,” scroll and click on “Public Employee Representation”).
Deauthorization: Oregon law permits public employees to obtain an election to rescind a
“fair share” agreement: “petition to rescind a fair share agreement in the collective
bargaining agreement between a public employee and a labor organization may be filed
by an employee or group of employees. The petition must be accompanied by a statement
signed by 30 percent or more of the employees in the bargaining unit stating that they
desire to rescind the fair share agreement. To be valid, signatures must be obtained after
the subject collective bargaining agreement is enforceable under Oregon Revised
Statutes Annotated sections 243.672(1)(h) and (2)(e) . . . .” Oregon Administrative Rule
115-030-0000. The same rule covers deauthorization, including when to file such a
petition, and is available at: http://arcweb.sos.state.or.us/rules/number_index.html (click
on “115 Employment Relations Board,” scroll and click on “Public Employee
Deauthorization of Fair Share Agreement”).
Pennsylvania
Decertification: Pennsylvania law permits public employees to obtain an election to
decertify an exclusive bargaining representative. “[A] public employe or a group of
public employes may file a petition for decertification provided it is supported by a thirty
per cent showing of interest.” Pennsylvania Statutes Annotated Title 43 section
1101.607. A petition for a decertification election must be presented to the Pennsylvania
Labor Relations Board on either a form for public employees, available at:
http://www.dli.state.pa.us/landi/lib/landi/pdf/imc/pera4.pdf, or on a form for police &
firefighters, available at: http://www.dli.state.pa.us/landi/lib/landi/pdf/imc/plrb13.pdf.
Deauthorization: Pennsylvania law has no provision for deauthorization of a public
sector agency shop agreement.
Rhode Island
Decertification: 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 section 28-7-16 . The Rhode Island
Labor Relations Board Rules and Regulations section 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, available at:
http://www.dlt.state.ri.us/webdev/lrb/index.htm (click on “FORMS” then “Petition for
the Investigation of Controversies as to Representation”), accompanied by a 30%
showing of interest. The Board Rules and Regulations section 8.06.1(f) 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 . . . .”
Deauthorization: Rhode Island law has no provision for deauthorization of a public
sector agency shop agreement.
South Dakota (Right to Work State)
Decertification: South Dakota law permits public employees to obtain an election to
decertify an exclusive bargaining representative. “When a question concerning the
representative of employees is raised by the . . . employees, the department of labor . . .
shall, at the request of any of the parties, investigate such question and certify to the
parties in writing, the name or names of the representatives that have been designated or
selected. The filing of a petition for the investigation or certification of a representative
of employees by any of the parties shall constitute a question within the meaning of this
section. In any such investigation , the department may provide for an appropriate
hearing, and shall take a secret ballot of employees to ascertain such representatives for
the purposes of formal recognition.” South Dakota Codified Laws section 3-18-5. A
petition for a decertification election must be presented to the South Dakota Department
of Labor—Division of Labor and Management on a form available at:
http://www.state.sd.us/dol/Forms/decert.pdf
Tennessee (Right to Work State)
Decertification: Tennessee law permits education professionals to obtain an election to
decertify an exclusive bargaining representative when “the board of education and the
recognized professional employees’ organization are presented with petitions bearing the
signatures of a majority of the professional employees in the negotiating unit indicating
they no longer desire to be represented by the recognized organization.” “[A]n election
committee shall be established according to the provisions of section 49-5-605, and the
election committee shall conduct a decertification election.” Tennessee Code Annotated
section 49-5-607(a). The decertification petition must be presented to the board of
education’s election committee who will conduct an election. Also, there appears to be a
fee assessed when a decertification election is requested: “Those persons requesting a
decertification election shall be assessed by the chair of the election committee an
amount adequate to pay for conducting the election.” Tennessee Code Annotated section
49-5-607(c).
Vermont
Decertification: Vermont law permits public employees to obtain an election to decertify
an exclusive bargaining representative. If a petition is filed with the Vermont Labor
Relations Board (VLRB) in accordance with procedures and regulations prescribed by
the Board, wherein an employee alleges that the individual or employee organization
currently certified as bargaining agent is no longer supported by a majority of the state
employees in the bargaining unit, then the Board shall investigate and provide for a
hearing. Vermont Statutes Annotated Title 3, section 941(c)(1) (state employees);
Vermont Statutes Annotated Title 21, section 1581(a)(1)(B); Vermont Statutes
Annotated Title 21, section 1724 (municipal employees). A petition for a decertification
election must be presented to the Board on a form prescribed by the Board, available at:
http://www.state.vt.us/vlrb/ (see drop down menu) accompanied by a 30% showing of
interest. The VLRB Rules of Practice covering decertification are sections 23.1, 23.4,
23.5, 23.6, available at: http://www.state.vt.us/vlrb/part2.htm.
Deauthorization: Vermont law has no provision for deauthorization of a public sector
agency shop agreement.
Washington
Decertification: Washington law permits public employees to obtain an election to
decertify an exclusive bargaining representative. When an employee seeking
decertification of his/her exclusive bargaining representative presents evidence
demonstrating that at least 30% of the employees in the bargaining unit are in support of
the decertification petition, the Washington Public Employees Relations Commission
(PERC) will conduct a secret ballot election. Washington Revised Code Annotated
sections 41.76.020(3); 41.59.070(4). A petition for a decertification election must be
presented to the PERC on a form prescribed by the Commission, available at:
http://www.perc.wa.gov/Forms/E1.pdf accompanied by a 30% showing of interest. See
Washington Administrative Code sections 391-25-070(6)(c); 391-25-010; and 391-25-
030 for PERC rules covering decertification, including when to file such a petition.
Deauthorization: Washington law has no provision for deauthorization of a public sector
agency shop agreement.
Wisconsin
Decertification: Wisconsin law permits public employees to obtain an election to
decertify an exclusive bargaining representative. “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 section 111.83(5)(h). A petition for a decertification election must be
presented to the Wisconsin Employment Relations Commissions (WERC) on a form
prescribed by the Commission available at: http://werc.wi.gov/werc-01.pdf accompanied
by a 30% showing of interest.
Deauthorization: Wisconsin law has a provision for deauthorizing a public sector
maintenance of membership or “fair-share” agreement, “[a] petition must be supported
by proof that at least 30% of the employees or supervisors in the collective bargaining
unit desire that the fair-share or maintenance of membership agreement be discontinued.
Upon so finding, the commission shall conduct a new referendum. . . . If the continuation
of the agreement is not supported in any referendum, it is deemed terminated at the
termination of the collective bargaining agreement, or one year from the date of the
certification of the result of the referendum, whichever is earlier.” Wisconsin Statutes
Annotated section 111.85(2)(a).
Wyoming (Right to Work State)
Decertification: Wyoming law permits firefighters to withdraw recognition of their
exclusive bargaining representative. “The organization selected by the majority of the
fire fighters in any city, town or county shall be recognized as the sole and exclusive
bargaining agent for all of the members of the department, unless and until recognition of
such bargaining agent is withdrawn by vote of a majority of the fire fighters.” Wyoming
Statutes Annotated section 27-10-103.
