{"id":1931,"date":"2008-02-06T00:00:00","date_gmt":"2008-02-06T05:00:00","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"-0001-11-30T04:00:00","slug":"public-sector-decertification-deauthorization-laws-as-of-2-6-2004","status":"publish","type":"page","link":"https:\/\/www.nrtw.org\/es\/public-sector-decertification-deauthorization-laws-as-of-2-6-2004\/","title":{"rendered":"Public Sector Decertification\/Deauthorization Laws (as of 2\/6\/2004)"},"content":{"rendered":"

Deauthorization laws are not necessary in Right to Work states<\/a>, because
\nRight to Work laws prohibit compulsory union membership and fee requirements.<\/p>\n

You may contact Foundation staff attorneys<\/a> if you have questions about
\nhow to proceed under any of these laws, need assistance in dealing with the appropriate
\nstate agency, or encounter legal difficulties interfering with your efforts.<\/p>\n

Alaska<\/b><\/p>\n

Decertification<\/u>: Alaska law permits public employees to obtain an election to decertify an
\nexclusive bargaining representative if \u201can employee or group of employees or an
\norganization acting in their behalf alleg[es] that 30 per cent of the employees of a
\nproposed bargaining unit . . . assert that the organization which has been certified or is
\ncurrently being recognized by the public employer as bargaining representative is no
\nlonger the representative of the majority of employees in the bargaining unit.\u201d Alaska
\nStatutes section 23.40.100. A petition for a decertification election must be presented to
\nthe Alaska Labor Relations Agency (ALRA) on a form prescribed by the Agency,
\navailable at: http:\/\/146.63.75.50\/laborr\/forms\/rep4.pdf<\/a>, accompanied by a 30% showing
\nof interest. See Alaska Statutes Sections 23.40.100(c) & (e) for rules covering when a
\ndecertification election can be held.<\/p>\n

Deauthorization<\/u>: Alaska law has no provision for deauthorization of a public sector
\nagency fee agreement.<\/p>\n

California<\/b><\/p>\n

Decertification<\/u>: The procedures for decertifying an exclusive bargaining representative
\ndepend on whether the employee is covered by the Educational Employee Relations Act
\n(EERA) (public schools and community colleges<\/i>); the Dills Act (state employees<\/i>); the
\nHigher Education Employer-Employee Act (HEERA) (state universities<\/i>); or the Meyers-
\nMilias Brown Act (MMBA) (cities and counties<\/i>). See
\nhttp:\/\/www.perb.ca.gov\/laws.htm<\/a><\/p>\n

If the employee is covered by the EERA, the Dills Act, or the HEERA, then a
\ndecertification petition is filed with the California Public Employment Relations
\nCommission (PERB), available at:
\nhttp:\/\/www.perb.ca.gov\/pdfs\/forms_pubs\/decertpet.pdf<\/a><\/p>\n

Persons must file a decertification petition with the appropriate PERB regional office per
\nPERB Regulation 32075, and must accompany said petition with proof of support of at
\nleast 30% of the employees in the established bargaining unit. <\/p>\n

If the employee is covered by the MMBA, then decertification elections are determined
\nand processed in accordance with the rules adopted by the local city or county agency.
\nSee California Government Code Section 3507.1.<\/p>\n

Deauthorization<\/u>: California law has provisions which provide for recission
\n(deauthorization) of a public sector agency shop agreement. For MMBA-covered
\nemployees, the local public agency may provide for procedures different from PERB\u2019s.
\nCalifornia Government Code Section 3502.5(d). The employee should consult the
\nrelevant city or county ordinance to determine if the local public agency has provided any
\ndeauthorization procedures. If the local public agency provides no procedures, the
\nemployee may petition PERB for relief. See PERB Regulation 60000(a).
\nEmployees governed by the Dills Act (state employees<\/i>) must file a petition for recission
\nof the fair share fee provision with the PERB in Sacramento. To obtain a Recission
\nPetition see the PERB website at:
\nhttp:\/\/www.perb.ca.gov\/pdfs\/forms_pubs\/dillsosrecission.pdf<\/a> <\/p>\n

Public school (K-12)<\/i> and community college employees<\/i> (EERA) can file a petition for
\nrecission of the fair share fee provision with the appropriate PERB regional office (see
\nPERB Regulation 32075). To obtain a Recission Petition see the PERB website at:
\nhttp:\/\/www.perb.ca.gov\/forms_pubs.htm<\/a>, and scroll down, then click on EERA Fair
\nShare Fee Recission Petition.<\/p>\n

Higher education employees<\/i> (HEERA) can file a petition for recission of the fair share
\nfee provision with the appropriate PERB regional office. To obtain a Recission Petition
\nsee the PERB website at: http:\/\/www.perb.ca.gov\/forms_pubs.htm<\/a>, and scroll down,
\nthen click on HEERA Fair Share Fee Recission Petition..<\/p>\n

Connecticut<\/b><\/p>\n

Decertification<\/u>: Connecticut law permits public employees to obtain an election to
\ndecertify an exclusive bargaining representative if a petition has been filed by an
\nemployee or group of employees alleging that a \u201csubstantial number of employees\u201d assert
\nthat the employee organization which has been certified or is currently being recognized
\nby their employer as the bargaining representative is no longer the representative of a
\nmajority of employees in the unit. Connecticut General Statutes Annotated section 7-
\n471(1)(ii). A petition for decertification must be presented to the Connecticut State
\nBoard of Labor Relations (CSBLR) on a form prescribed by the CSBLR, available at:<\/p>\n

  • http:\/\/www.ctdol.state.ct.us\/csblr\/statepet.pdf<\/a> (state employees<\/i>)<\/li>\n
  • http:\/\/www.ctdol.state.ct.us\/csblr\/munipet.pdf<\/a> (municipal employees<\/i>), accompanied by a
    \n30% showing of interest.<\/li>\n

    A \u201csubstantial number of employees\u201d \u201cis pluralistic\u201d. A single employee can hardly be \u201ca
    \nsubstantial number of employees\u201d under section 7-471(1)(A). Town of Winchester v.
    \nConnecticut St. Bd. of Labor<\/i>, 402 A.2d 332 (Conn. 1978).<\/p>\n

    Deauthorization<\/u>: Connecticut law has no provision for deauthorization of a public sector
    \nagency shop agreement.<\/p>\n

    Delaware<\/b><\/p>\n

    Decertification<\/u>: Delaware law permits public employees to obtain an election to decertify
    \nan exclusive bargaining representative pursuant to Delaware Statutes Title 19, section
    \n1311(b): \u201ca group of employees within the bargaining unit may file a petition with the
    \nBoard for decertification of the exclusive bargaining representative. The petition must
    \ncontain the uncoerced signatures of at least 30 percent of the employees within the
    \nbargaining unit and allege that the employee organization presently certified is no longer
    \nthe choice of the majority of the employees in the bargaining unit. If a lawful collective
    \nbargaining agreement of no more than 3 years duration is in effect, no petition shall be
    \nentertained unless filed not more than 180 days nor less than 120 days prior to the
    \nexpiration of such agreement. A decertification petition also may be filed if more than 1
    \nyear has elapsed from the date of certification of an exclusive bargaining representative
    \nand no collective bargaining agreement has been executed.\u201d See the same language at 14
    \nDelaware Code section 4011, for public school employees, and at 19 Delaware Code
    \nsection 1611, for Police Officers and Firefighters. Employees may obtain a petition for a
    \ndecertification election from the Delaware Public Employment Relations Board (PERB)
    \nat 820 N. French Street, 4th Floor, Wilmington, DE 19801. Telephone: (302) 577-5070.<\/p>\n

    Deauthorization<\/u>: Delaware law has no provision for deauthorization of a public sector
    \nagency shop agreement.<\/p>\n

    District of Columbia<\/b><\/p>\n

    Decertification<\/u>: District of Columbia law permits public employees to obtain an election
    \nto decertify an exclusive bargaining representative: \u201cthe Board shall issue rules and
    \nregulations which provide procedures for decertification of exclusive representatives
    \nupon the request of 30 percent of the employees.\u201d District of Columbia Code section
    \n1-617.10. A petition for decertification filed by an employee shall be accompanied by a
    \nshowing that at least thirty percent (30%) of the employees in the bargaining unit no
    \nlonger desire to be represented by the exclusive representative. Such petitions must be
    \npresented to the District of Columbia Public Employee Relations Board (PERB), located
    \nat 717 14th Street, NW, 11th Floor, Washington, DC 20005. Telephone: (202) 727-1822.
    \nThe rules explaining the procedures and petition contents required for filing include
    \nPERB Rules 505.1 through 505.3 and 505.8, and are available at:     http:\/\/perb.dc.gov\/.<\/a>
    \nClick on Dispute Resolution (under Services); Certification and de-certification of labor
    \norganization as exclusive bargaining representative (Section 505) (under Bargaining
    \nUnit).<\/p>\n

    Deauthorization<\/u>: District of Columbia law has no provision for deauthorization of a
    \npublic sector agency shop agreement.<\/p>\n

    Florida<\/b> (Right to Work State)<\/p>\n

    Decertification<\/u>: Florida law permits public employees to obtain an election to decertify
    \nan exclusive bargaining representative. \u201cAny employee or group of employees which no
    \nlonger desires to be represented by the certified bargaining agent may file with the
    \ncommission a petition to revoke certification. The petition shall be accompanied by dated
    \nstatements signed by at least 30 percent of the employees in the unit, indicating that such
    \nemployees no longer desire to be represented for purposes of collective bargaining by the
    \ncertified bargaining agent. The time of filing said petition shall be governed by the
    \nprovisions of s[ection] 447.307(3)(d) relating to petitions for certification.\u201d Florida
    \nStatutes Annotated section 447.308(1). A petition for a decertification election must be
    \npresented to the Florida Public Employees Relations Commission (PERC) on a form
    \nprescribed by PERC, available at:
    \n    http:\/\/www2.myflorida.com\/les\/perc\/Forms\/PDF\u2019s\/pdf.html<\/a>, (click on PERC Forms,
    \nPetition to Revoke Certification) accompanied by a 30% showing of interest.
    \nThe Florida PERC did not have authority to decertify local union on basis that local had
    \nabandoned employees, represented by 12 years of inactivity. City of Boynton Beach v.
    \nState Pub. Employees Relations Comm\u2019n<\/i>, 543 So.2d 403 (Fla. Dist. Ct. App. 1989).<\/p>\n

    Hawaii<\/b><\/p>\n

    Decertification<\/u>: Hawaii law permits public employees to obtain an election to decertify
    \nan exclusive bargaining representative pursuant to Hawaii Revised Statutes section 89-7,
    \nwhich states \u201c[a] petition to decertify or to change the exclusive bargaining
    \nrepresentative must be supported by fifty percent of employees in an appropriate
    \nbargaining unit, through verifiable written proof of the names and signatures of
    \nemployees. Signatures of employees supporting such a petition must be obtained within
    \ntwo months of the date of the petition to be valid with the Board.\u201d Hawaii Revised
    \nStatutes Annotated section 89-7(a). A petition for decertification must be filed with the
    \nHawaii Labor Relations Board, 830 Punchbowl Street, Honolulu, HI 96813, on a form
    \nprescribed by the Board. Call (808) 586-8610.<\/p>\n

    Deauthorization<\/u>: Hawaii law has no provision for deauthorization of a public sector
    \nagency shop agreement.<\/p>\n

    Illinois<\/b><\/p>\n

    Decertification<\/u>: Illinois law permits public employees to obtain an election to decertify
    \nan exclusive bargaining representative if \u201ca public employee or group of public
    \nemployees . . . demonstrat[e] that 30% of the public employees in an appropriate unit . . .
    \nassert[] that the labor organization which has been certified or is currently recognized by
    \nthe public employer as bargaining representative is no longer the representative of the
    \nmajority of public employees in the unit . . . .\u201d Illinois Statutes Chapter 5, section 315\/9.
    \nIllinois law has a separate law which permits educational employees<\/i> to obtain an election
    \nto decertify an exclusive bargaining representative if \u201can employee or group of
    \nemployees or any labor organizations acting on their behalf alleging and presenting
    \nevidence that 30% or more of the employees in a bargaining unit wish to be represented
    \nfor collective bargaining or that the labor organization which has been acting as the
    \nexclusive bargaining representative is no longer representative of a majority of the
    \nemployees in the unit . . . .\u201d Illinois Statutes Chapter 115, section 5\/7.
    \nPublic employees (other than educational)<\/i>: A petition for a decertification election must
    \nbe presented to the Illinois Labor Relations Board (ILRB), on a form (Decertification
    \nPetition) prescribed by the ILRB, available at:
    \n    http:\/\/www2.state.il.us\/ilrb\/subsections\/forms\/index.asp<\/a>, accompanied by a 30% showing
    \nof interest. ILRB rules covering decertification can be found at 80 Illinois Administrative
    \nCode sections 1210.60 and 1210.80.
    \nEducational employees<\/i>: A petition for a decertification election must be presented to the
    \nIllinois Educational Labor Relations Board (IELRB) on a form prescribed by the IELRB
    \n    http:\/\/www.state.il.us\/agency\/ielrb\/pdf\/represnt.pdf<\/a><\/p>\n

    Deauthorization<\/u>: Illinois law has no provision for deauthorization of a public sector
    \nagency shop agreement.<\/p>\n

    Indiana<\/b><\/p>\n

    Decertification<\/u>: Indiana law permits certified school employees<\/i> to obtain an election to
    \ndecertify an exclusive bargaining representative. \u201cA petition may be filed by twenty
    \npercent (20%) of the school employees in any unit asserting that the designated exclusive
    \nrepresentative is no longer the representative of the majority of school employees in the
    \nunit.\u201d Indiana Code Annotated section 20-7.5-1-10(c)(3). A petition for decertification
    \nmust be filed with the Indiana Educational Employee Relations Board at the Indiana
    \nGovernment Center, Suite N1049, 100 N. Senate Avenue, Indianapolis, IN 46204,
    \naccompanied by a 20% showing of interest. For more information call (317) 232-9132. <\/p>\n

    Deauthorization<\/u>: Indiana law has no provision for deauthorization of a public sector
    \nagency shop agreement.<\/p>\n

    Iowa (Right to Work State)<\/b><\/p>\n

    Decertification<\/u>: Iowa law permits public employees to obtain an election to decertify an
    \nexclusive bargaining representative. \u201cThe petition of a public employee shall allege that
    \nan employee organization which has been certified as the bargaining representative does
    \nnot represent a majority of such public employees and that the petitioners do not want to
    \nbe represented by an employee organization or seek certification of an employee
    \norganization.\u201d Iowa Code Annotated sections 20.14.3 and 20.14.5(a). A petition for
    \ndecertification election must be obtained and filed at the Iowa Public Employment
    \nRelations Board, 514 E. Locust, Suite 202, Des Moines, IA 50309, accompanied by a
    \n30% showing of interest. Rules covering decertification, including when such a petition
    \nmay be filed are available at Iowa Code Annotated section 20.15.6. For more information
    \ncall (515) 281-4414. <\/p>\n

    Kansas (Right to Work State)<\/b><\/p>\n

    Decertification<\/u>: Kansas law permits public employees to obtain an election to decertify
    \nan exclusive bargaining representative. The Kansas Public Employment Relations Board
    \n\u201cis authorized to hold elections to determine whether . . . a recognized employee
    \norganization should be decertified\u201d when 30% or more of the employees in a bargaining
    \nunit petition for a decertification election. However, any petition calling for such an
    \nelection \u201cshall be dismissed by the board without determining the questions raised
    \ntherein if such petition is filed more than 150 days or less than 90 days prior to the
    \nexpiration date of an existing memorandum of agreement which governs the terms and
    \nconditions of employment of the employees within the appropriate unit.\u201d Kansas Statutes
    \nAnnotated section 75-4327(d).
    \nA petition for decertification can be obtained and filed at the Kansas Public Employee
    \nRelations Board (PERB), 1430 Topeka Blvd., Topeka, KS 66012. Telephone (785) 368-
    \n6224. See Kansas Administrative Regulations section 84-2-7 for PERB\u2019s rule covering
    \ndecertification of a public employee organization. <\/p>\n

    Kentucky<\/b><\/p>\n

    Decertification<\/u>: Kentucky law permits firefighters<\/i> to obtain an election to decertify an
    \nexclusive bargaining representative if \u201ca firefighter or group of firefighters . . . [a]ssert
    \nthat the labor organization which has been certified or is currently being recognized by
    \nthe public employer as bargaining representative is no longer the representative of the
    \nmajority of employees in the unit . . . .\u201d Kentucky Revised Statutes section 345.060. A
    \npetition for a decertification election must be presented to the Kentucky State Labor
    \nRelations Board, Cabinet of Employment Standards and Mediation , 1047 U.S. Highway
    \n127 South, Suite 4, Frankfort, KY 40601. Telephone (502) 564-2784. <\/p>\n

    Deauthorization<\/u>: Kentucky law has no provision for deauthorization of a public sector
    \nagency shop agreement. <\/p>\n

    Maine<\/b><\/p>\n

    Decertification<\/u>: Maine law permits public employees to obtain an election to decertify an
    \nexclusive bargaining representative if 30% of the employees in a bargaining unit petition
    \nfor decertification. Maine Revised Statutes Annotated Title 26, section 967 (municipal
    \nemployees<\/i>); Maine Revised Statutes Annotated Title 26, section 979-F (state employees<\/i>);
    \nMaine Revised Statutes Annotated Title 26, section 1025 (University of Maine
    \nemployees<\/i>); Maine Revised Statutes Annotated, Title 26 section 1287 (judicial
    \nemployees<\/i>). These statutes are available at: <\/p>\n

  • http:\/\/janus.state.me.us\/legis\/statutes\/26\/title26sec967.html<\/a> \u2013 Municipal employees<\/li>\n
  • http:\/\/janus.state.me.us\/legis\/statutes\/26\/title26sec979-F.html<\/a> \u2013 State employees<\/li>\n
  • http:\/\/janus.state.me.us\/legis\/statutes\/26\/title26sec1025.pdf<\/a> \u2013 University employees<\/li>\n
  • http:\/\/janus.state.me.us\/legis\/statutes\/26\/title26sec1287.pdf<\/a> \u2013 Judicial employees<\/li>\n

    A petition for a decertification election may be obtained and filed at the Maine Labor
    \nRelations Board on a form available at:     http:\/\/janus.state.me.us\/mlrb\/form2a.pdf<\/a>
    \nFor rules covering decertification, including when such a petition may be filed, see
    \nMLRB\u2019s Rules and Procedures Chapter 11, sections 41 through 58, available at:
    \n    http:\/\/janus.state.me.us\/mlrb\/MLRB2001Rules.pdf<\/a><\/p>\n

    Deauthorization<\/u>: Maine law has no provision for deauthorization of a public sector
    \nagency shop agreement. <\/p>\n

    Maryland<\/b><\/p>\n

    Decertification<\/u>: Maryland law permits higher education employees<\/i> (non-faculty) to
    \nobtain an election to decertify an exclusive bargaining representative . A \u201cbargaining unit
    \nemployee may file a decertification petition with the Board requesting an election to
    \ndetermine if the incumbent certified exclusive representative of the bargaining unit does,
    \nin fact, continue to represent a majority of the employees in the bargaining unit.\u201d Code of
    \nMaryland Regulations section 14.30.04.11. A petition for a decertification election must
    \nbe presented to the State Higher Education Labor Relations Board, 839 Bestgate Road,
    \nSuite 400, Annapolis, MD 21401. Telephone: 410-260-3216. The State Higher
    \nEducation Labor Relations Board has a website:     http:\/\/www.mhec.state.md.us\/shelrb\/<\/a><\/p>\n

    Maryland law also permits employees of departments within the Executive Branch<\/i> (i.e.,
    \nInsurance Administration, State Department of Assessments and Taxation, and the State
    \nLottery Agency) to obtain an election to decertify an exclusive bargaining representative:
    \n\u201cThe mediation unit of the Department of Labor, Licensing, and Regulation shall . . .
    \n[m]ake determinations regarding certification and decertification of exclusive bargaining
    \nrepresentative.\u201d Code of Maryland Regulations section 01.01.1996.13. A petition for a
    \ndecertification election must be filed with the Department of Labor, Licensing and
    \nRegulation; Mediation Unit, 1110 North Eutaw Street, Baltimore, MD 21201. The
    \nwebsite is:     http:\/\/dllr.state.md.us<\/a><\/p>\n

    Deauthorization<\/u>: Maryland law has no provision for deauthorization of a public sector
    \nagency shop agreement.<\/p>\n

    Massachusetts<\/b><\/p>\n

    Decertification<\/u>: Massachusetts law permits public employees to obtain an election to
    \ndecertify an exclusive bargaining representative when \u201ca petition filed by or on behalf of
    \na substantial number of the employees in a unit alleg[es] that the exclusive representative
    \ntherefor no longer represents a majority of the employees therein, shall investigate, and if
    \nit has reasonable cause to believe that a substantial question of representation exists, shall
    \nprovide for an appropriate hearing upon due notice. General Laws of Massachusetts,
    \nChapter 150E section 4, available at:     http:\/\/www.state.ma.us\/legis\/laws\/mgl\/150E-4.htm<\/a>.
    \nA petition for a decertification election must be presented to the Massachusetts Labor
    \nRelations Commission (MLRC) on a form prescribed by the Commission, available at:
    \n    http:\/\/www.mass.gov\/lrc\/forms\/petition.pdf<\/a>.<\/p>\n

    The MLRC\u2019s regulations covering decertification when a petition is filed by a
    \n\u201csubstantial number of employees\u201d are at 456 Code of Massachusetts Regulations section
    \n14.04, and is available at:     http:\/\/www.mass.gov\/lrc\/regulations\/456-cmr-14.html#04<\/a>.<\/p>\n

    Deauthorization<\/u>: Massachusetts law has no provision for deauthorization of a public
    \nsector agency shop agreement. <\/p>\n

    Michigan<\/b><\/p>\n

    Decertification<\/u>: Michigan law permits public employees to obtain an election to decertify
    \nan exclusive bargaining representative if \u201ca public employee or group of public
    \nemployees . . . alleg[es] that 30% or more of the public employees within a unit . . . assert
    \nthat the individual or labor organization, which is certified or is being currently
    \nrecognized by their public employer as the bargaining representative, is no longer a
    \n[majority] representative.\u201d Mich. Compiled Laws Annotated section 423.212. A petition
    \nfor a decertification election must be presented to the Michigan Employment Relations
    \nCommission (MERC) on a form prescribed by the Commission, available at:
    \n    http:\/\/www.michigan.gov\/cis\/0,1607,7-154-10576_17484—,00.html<\/a> (click on Petition
    \nfor
    \nRepresentation Proceedings), accompanied by a 30% showing of interest. For rules
    \ncovering decertification, including when such a petition may be filed, see MERC rules
    \n423.141 and 423.145.<\/p>\n

    The petition or cards signed by bargaining unit employees to establish the 30% must state
    \nthat they \u201cno longer consider the certified bargaining unit representative as their
    \nrepresentative,\u201d not just that they request an election. Hepler v. State Dept. of Labor, 235
    \nN.W.2d 161<\/i> (Mich. Ct. App. 1975). <\/p>\n

    Deauthorization<\/u>: Michigan law has no provision for deauthorization of a public sector
    \nagency shop agreement.<\/p>\n

    Minnesota<\/b><\/p>\n

    Decertification<\/u>: Minnesota law permits public employees to obtain an election to
    \ndecertify an exclusive bargaining representative: \u201c[a]n individual employee or group of
    \nemployees in a unit may obtain a decertification election upon petition to the
    \ncommissioner stating the certified representative no longer represents the majority of the
    \nemployees in an established unit and that at least 30 percent of the employees wish to be
    \nunrepresented.\u201d Minnesota Statutes Annotated section 179A.12, subd. 3. A petition for a
    \ndecertification election must be presented to the Minnesota Bureau of Mediation Services
    \n(BMS) on a form prescribed by the Bureau, available at:
    \n    http:\/\/www.bms.state.mn.us\/forms\/petition%20for%20represent.pdf<\/a>
    \nand accompanied by valid deauthorization cards signed and dated by at least 30% of the
    \nemployees included within the appropriate unit (see sample at the above BMS link).
    \n    http:\/\/www.bms.state.mn.us\/decertinfo.html<\/a><\/p>\n

    Deauthorization<\/u>: Minnesota law has no provision for deauthorization of a public sector
    \nagency shop agreement.<\/p>\n

    Missouri<\/b><\/p>\n

    Decertification<\/u>: Missouri law permits public employees to obtain an election to decertify
    \nan exclusive bargaining representative: \u201c[a] petition for decertification of public
    \nemployee representative may be filed by any employee or group of employees or any
    \nindividual acting on their behalf alleging that the certified or currently voluntarily
    \nrecognized employee representative is no longer the majority representative of such
    \nemployees.\u201d 8 Missouri Code of State Regulations section 40-2.020. A petition for
    \ndecertification election must be presented to the Missouri State Board of Mediation on a
    \nform prescribed by the Board, available at:     http:\/\/www.dolir.state.mo.us\/sbm\/06-AI.pdf<\/a>
    \nand accompanied by a 30% showing of interest. The rules covering decertification are 8
    \nMissouri Code of State Regulations sections 40-2.020 and 40-2.040, available at:
    \n    http:\/\/www.sos.mo.gov\/adrules\/csr\/current\/8csr\/8c40-2.pdf<\/a>.<\/p>\n

    Deauthorization<\/u>: Missouri law has no provision for deauthorization of a public sector
    \nagency shop agreement.<\/p>\n

    Montana<\/b><\/p>\n

    Decertification<\/u>: Montana law permits public employees to obtain an election to decertify
    \nan exclusive bargaining representative if a petition has been filed: \u201cby an employee or
    \ngroup of employees . . . alleging that 30% of the employees . . . assert that the labor
    \norganization which has been certified or is currently being recognized by the public
    \nemployer as bargaining representative is no longer the representative of the majority of
    \nemployees in the unit,\u201d and if \u201c[t]he board or an agent of the board . . . has reasonable
    \ncause to believe that a question of representation exists, it shall provide for an
    \nappropriate hearing . . . in accordance with such rules as may be prescribed by the board .
    \n. . .\u201d Montana Code Annotated section 39-31-207. A petition for a decertification
    \nelection must be presented to the Montana Board of Personnel Appeals, on a form
    \nprescribed by the Board, available at:
    \n    http:\/\/erd.dli.state.mt.us\/laborstandard\/wagehrbpa.asp<\/a> (click on \u201cBoard of Personnel
    \nAppeals Forms\u201d then \u201cDecertification\u201d) and accompanied by a 30% showing of interest.
    \nSee Montana Administrative Rules 24.26.643–645, 647 and 649, which detail the
    \nBoard\u2019s rules covering decertification, including when such a petition may be filed.
    \nThe Board of Personnel Appeals may refuse to hold a decertification election if unfair
    \nlabor practice charges are pending against the employer. State ex rel. Bd. of Personnel
    \nAppeals v. District Court<\/i>, 183 Mont. 223, 598 P.2d 1117 (1979).<\/p>\n

    Deauthorization<\/u>: Montana law has no provision for deauthorization of a public sector
    \nagency shop agreement.<\/p>\n

    Nebraska<\/b> (Right to Work State)<\/p>\n

    Decertification<\/u>: Nebraska law permits public employees to obtain an election to decertify
    \nan exclusive bargaining representative: \u201c[t]he commission shall determine questions of
    \nrepresentation for purposes of collective bargaining for and on behalf of employees and
    \nshall make rules and regulations for the conduct of elections to determine the exclusive
    \ncollective-bargaining agent for employees, except that in no event shall a contract
    \nbetween an employer and an exclusive collective-bargaining agent act as a bar for more
    \nthan three years to any other party seeking to represent employees, nor shall any contract
    \nbar for more than three years a petition by employees seeking an election to revoke the
    \nauthority of an agent to represent them.\u201d Nebraska Revised Statutes section 48-838. The
    \npetition for a decertification election must be presented to the Nebraska Commission of
    \nIndustrial Relations according to Rule 9 of the Rules of the Commission of Industrial
    \nRelations, available at:
    \n    http:\/\/www.nol.org\/home\/NCIR\/rules\/ShowFrame.cgi?09.rules++<\/a>, and accompanied by a
    \n30% showing of interest, according to Rule 10 of the Rules of the Nebraska Commission
    \nof Industrial Relations, available at:
    \n    http:\/\/www.nol.org\/home\/NCIR\/rules\/ShowFrame.cgi?10.rules++<\/a><\/p>\n

    Nevada<\/b> (Right to Work State)<\/p>\n

    Decertification<\/u>: Nevada law permits local government employees<\/i> to obtain an election to
    \ndecertify an exclusive bargaining representative. If \u201cthe board in good faith doubts
    \nwhether any employee organization is supported by a majority of the local government
    \nemployees in a particular bargaining unit, it may conduct an election by secret ballot
    \nupon the question.\u201d Nevada Revised Statutes Annotated section 288.160, subdivision 4. <\/p>\n

    New Hampshire<\/b><\/p>\n

    Decertification<\/u>: New Hampshire law permits public employees to obtain an election to
    \ndecertify an exclusive bargaining representative if \u201ca petition is filed by [a]t least 30
    \npercent of the employees in the bargaining unit . . . asserting that the employee
    \norganization which has been certified by the board is no longer the representative of the
    \nmajority of employees in the bargaining unit.\u201d New Hampshire Revised Statutes
    \nAnnotated section 273-A:10. An identical provision pertains to dog and horse racing
    \nemployees, see New Hampshire Revised Statutes Annotated section 273-C:10. The
    \npetition for a decertification election must be presented to the New Hampshire Public
    \nEmployee Labor Relations Board (PELRB) on a form prescribed by the Board, available
    \nat:     http:\/\/www.state.nh.us\/pelrb\/Forms\/<\/a> (click on \u201cPetiition for Decerti..\u201d)
    \naccompanied by a 30% showing of interest by employees who have signed a
    \ndecertification signature card, available at:     http:\/\/www.state.nh.us\/pelrb\/Forms\/<\/a> (Click on
    \n\u201cDecertification sign..\u201d). For additional information on decertification, see PELRB\u2019s
    \nwebsite at: http:\/\/www.state.nh.us\/pelrb\/about.htm (click on \u201cDecertification Petition\u201d).<\/p>\n

    Deauthorization<\/u>: New Hampshire law has no provision for deauthorization of a public
    \nsector agency shop agreement.<\/p>\n

    New Jersey<\/b><\/p>\n

    Decertification<\/u>: New Jersey law permits public employees to obtain an election to
    \ndecertify an exclusive bargaining representative if there is \u201ca showing of interest of not
    \nless than 30 per cent of the employees in the unit in which an exclusive representative
    \nhas been recognized or certified. A showing of interest shall indicate that the employees
    \nno longer desire to be represented for purposes of collective negotiations by the
    \nrecognized or certified employee representative or by any other employee
    \nrepresentative.\u201d New Jersey Administrative Code section 19:11-1.3. A petition for
    \ndecertification must be presented to the New Jersey Public Employment Relations
    \nCommission (PERC) on a form prescribed by the Commission, available at:
    \n    http:\/\/www.state.nj.us\/perc\/NJ_PERC_Representation_Petition.pdf<\/a>, accompanied by a
    \n30% showing of interest. PERC\u2019s rules covering decertification are available at:
    \n    http:\/\/www.state.nj.us\/perc\/njac19_11.pdf<\/a>.
    \nFor one year after certification of a majority representative, its majority status is
    \nconclusively presumed so as to bar the filing of any petition . . . seeking decertification of
    \nthe present one. Galloway Township Bd. of Educ. v. Galloway Township Ass\u2019n of
    \nEducational Secretaries<\/i>, 78 N.J. 1, 393 A.2d 207 (1978).<\/p>\n

    Deauthorization<\/u>: New Jersey law has no provision for deauthorization of a public sector
    \nagency shop agreement.<\/p>\n

    New Mexico<\/b><\/p>\n

    Decertification<\/u>: New Mexico law permits public employees to obtain an election to
    \ndecertify an exclusive bargaining representative if \u201cthirty percent of the public employees
    \nin the appropriate bargaining unit make a written request to the board or local board . . .
    \n.\u201d New Mexico Statutes Annotated section 10-7E-16(A). A decertification election will
    \nbe valid if forty percent of the eligible employees in the bargaining unit vote in the
    \nelection. New Mexico Statutes Annotated section 10-7E-16 (A) . A written request for a
    \ndecertification election must be presented to either a local board if it exists or the New
    \nMexico Public Employee Labor Relations Board at 2929 Coors N.W., Suite 303,
    \nAlbuquerque, NM 87102. Telephone (505) 660-1338.<\/p>\n

    Deauthorization<\/u>: New Mexico law has no provision for deauthorization of a public sector
    \nagency shop agreement.<\/p>\n

    New York<\/b><\/p>\n

    Decertification<\/u>: New York law permits public employees to obtain an election to
    \ndecertify an exclusive bargaining representative: \u201ca petition alleging that an employee
    \norganization which has been certified or is being currently recognized should be deprived
    \nof representation status as to all or part of a unit (hereinafter called a petition for
    \ndecertification), may be filed by one or more public employees . . . .\u201d New York Civil
    \nService Rules & Regulations section 201.2. A decertification election petition must be
    \npresented to the New York Public Employment Relations Board (PERB) on a form
    \nprescribed by the Board, available at:
    \n    http:\/\/www.perb.state.ny.us\/pdf\/petitioncert_decert.pdf<\/a>
    \nand accompanied by a 30% showing of interest. PERB\u2019s rules covering decertification,
    \nincluding when such a petition may be filed are New York Civil Service Rules &
    \nRegulations sections 201.3 & 201.5, available at:
    \n    http:\/\/www.perb.state.ny.us\/PERBRules.asp#rep<\/a>. (click on \u201c201 Determination of
    \nRepresentation Status Under Section 207 of the Act<\/u>\u201d.)<\/p>\n

    Deauthorization<\/u>: New York law has no provision for deauthorization of a public sector
    \nagency shop agreement.<\/p>\n

    Ohio<\/b><\/p>\n

    Decertification<\/u>: Ohio law permits public employees to obtain an election to decertify an
    \nexclusive bargaining representative if \u201ca petition is filed, in accordance with rules
    \nprescribed by the state employment relations board . . . [by] any employee or group of
    \nemployees, or any individual or employee organization acting in their behalf, alleging
    \nthat at least thirty per cent of the employees in an appropriate unit . . . assert[] that the
    \ndesignated exclusive representative is no longer the representative of the majority of
    \nemployees in the unit.\u201d \u201c[T]he board shall investigate the petition, and if it has
    \nreasonable cause to believe that a question of representation exists, provide for an
    \nappropriate hearing upon due notice to the parties.\u201d Ohio Revised Code Annotated
    \nsection 4117.07(A)(1). A petition for a decertification election must be presented to the
    \nOhio State Employment Relations Board (SERB) on a form prescribed by the Board,
    \navailable at:     http:\/\/www.serb.state.oh.us\/pdf\/forms\/rep\/PDE.pdf<\/a>, accompanied
    \nby at least 50% showing of interest.<\/p>\n

    Deauthorization<\/u>: Ohio law has no provision for deauthorization of a public sector agency
    \nshop agreement.<\/p>\n

    Oklahoma<\/b> (Right to Work State)<\/p>\n

    Decertification<\/u>: Oklahoma law permits school employees<\/i> to obtain an election to
    \ndecertify an exclusive bargaining representative. If \u201c[i]n any February more than two (2)
    \nyears after recognition of an organization pursuant to the provisions of this section and
    \nupon the receipt of a petition calling for discontinuation of representation signed by
    \nthirty-five percent (35%) of the employees eligible to be included in the unit, [then] a
    \nlocal board shall call an election to determine whether the members of a unit wish to
    \ndiscontinue being represented for bargaining.\u201d Oklahoma Statutes Annotated Title 70,
    \nsection 509.2.C.7. A petition for a decertification election must be presented to the local
    \nboard of education.<\/p>\n

    Oklahoma law permits police and firefighters<\/i> to obtain an election to decertify an
    \nexclusive bargaining representative if \u201ca petition is filed . . . alleging that thirty percent
    \n(30%) of the fire fighters or police officers in a municipality . . . assert that the designated
    \nexclusive employee representative is no longer the representative of the majority of
    \nemployees in the unit.\u201d Oklahoma Statutes Annotated Title 11, section 51-103. A petition
    \nfor a decertification election must be presented to the Oklahoma Public Employee
    \nRelations Board (PERB), accompanied by a 30% showing of interest, on forms available
    \nat:     http:\/\/www.ok-perb.state.ok.us\/decert_show_.htm<\/a>.
    \nPERB Rules 585:15-3-1 through 585:15-3-9, available
    \nat:     http:\/\/www.ok-perb.state.ok.us\/perb_rules.htm<\/a>, cover decertification, including when
    \nto file such a petition. <\/p>\n

    Oregon<\/b><\/p>\n

    Decertification<\/u>: Oregon law permits public employees to obtain an election to decertify
    \nan exclusive bargaining representative, if \u201c[a]n employee or group of employees alleging
    \nthat 30 percent of the employees assert that the designated exclusive representative is no
    \nlonger the representative of the majority of employees in the unit.\u201d Oregon Revised
    \nStatutes Annotated section 243.682. A petition for a decertification election must be
    \npresented to the Oregon Employment Relations Board (ERB), on a form prescribed by
    \nthe Board, available at:     http:\/\/www.erb.state.or.us\/pdfs\/repfm4e3.pdf<\/a> accompanied by a
    \n30% showing of interest. ERB\u2019s rules covering decertification are Oregon
    \nAdministrative Rules 115-025-0000(c) and 115-025-0010(3), available at:
    \n    http:\/\/arcweb.sos.state.or.us\/rules\/number_index.html<\/a> (click on \u201c115<\/u> Employment
    \nRelations Board,\u201d scroll and click on \u201cPublic Employee Representation\u201d).<\/p>\n

    Deauthorization<\/u>: Oregon law permits public employees to obtain an election to rescind a
    \n\u201cfair share\u201d agreement: \u201cpetition to rescind a fair share agreement in the collective
    \nbargaining agreement between a public employee and a labor organization may be filed
    \nby an employee or group of employees. The petition must be accompanied by a statement
    \nsigned by 30 percent or more of the employees in the bargaining unit stating that they
    \ndesire to rescind the fair share agreement. To be valid, signatures must be obtained after
    \nthe subject collective bargaining agreement is enforceable under Oregon Revised
    \nStatutes Annotated sections 243.672(1)(h) and (2)(e) . . . .\u201d Oregon Administrative Rule
    \n115-030-0000. The same rule covers deauthorization, including when to file such a
    \npetition, and is available at:     http:\/\/arcweb.sos.state.or.us\/rules\/number_index.html<\/a> (click
    \non \u201c115<\/u> Employment Relations Board,\u201d scroll and click on \u201cPublic Employee
    \nDeauthorization of Fair Share Agreement\u201d).<\/p>\n

    Pennsylvania<\/b><\/p>\n

    Decertification<\/u>: Pennsylvania law permits public employees to obtain an election to
    \ndecertify an exclusive bargaining representative. \u201c[A] public employe or a group of
    \npublic employes may file a petition for decertification provided it is supported by a thirty
    \nper cent showing of interest.\u201d Pennsylvania Statutes Annotated Title 43 section
    \n1101.607. A petition for a decertification election must be presented to the Pennsylvania
    \nLabor Relations Board on either a form for public employees<\/i>, available at:
    \n    http:\/\/www.dli.state.pa.us\/landi\/lib\/landi\/pdf\/imc\/pera4.pdf<\/a>, or on a form for police &
    \nfirefighters<\/i>, available at:     http:\/\/www.dli.state.pa.us\/landi\/lib\/landi\/pdf\/imc\/plrb13.pdf<\/a>.<\/p>\n

    Deauthorization<\/u>: Pennsylvania law has no provision for deauthorization of a public
    \nsector agency shop agreement.<\/p>\n

    Rhode Island<\/b><\/p>\n

    Decertification<\/u>: Rhode Island law permits public employees to obtain an election to
    \ndecertify an exclusive bargaining representative. \u201c[W]henever it is alleged by an
    \nemployee or his or her representative that there is a question or controversy concerning
    \nthe representation of employees, the board shall investigate the question or controversy
    \n. . . .\u201d General Laws of Rhode Island Annotated section 28-7-16 . The Rhode Island
    \nLabor Relations Board Rules and Regulations section 8.06.1(a), Petition for
    \nDecertification, states: \u201c[a] petition may be filed by either employees, an employer, or a
    \nrival labor organization to displace or decertify a certified or recognized labor
    \norganization.\u201d<\/p>\n

    A petition for decertification election must be presented to the Rhode Island Labor
    \nRelations Board on a form prescribed by the Board, available at:
    \n    http:\/\/www.dlt.state.ri.us\/webdev\/lrb\/index.htm<\/a> (click on \u201cFORMS\u201d then \u201cPetition for
    \nthe Investigation of Controversies as to Representation\u201d), accompanied by a 30%
    \nshowing of interest. The Board Rules and Regulations section 8.06.1(f) states: \u201c[w]hen
    \nthirty (30) percent or more of the employees in a bargaining unit covered by an
    \nagreement between their employer and a labor organization requiring membership in a
    \nlabor organization as a condition of employment file a petition alleging that they desire
    \nthat the authority of the labor organization to make such an agreement be rescinded, the
    \nBoard\u2019s Agent shall conduct a secret ballot of the employees in such unit and certify the
    \nresults . . . .\u201d<\/p>\n

    Deauthorization<\/u>: Rhode Island law has no provision for deauthorization of a public
    \nsector agency shop agreement.<\/p>\n

    South Dakota<\/b> (Right to Work State)<\/p>\n

    Decertification<\/u>: South Dakota law permits public employees to obtain an election to
    \ndecertify an exclusive bargaining representative. \u201cWhen a question concerning the
    \nrepresentative of employees is raised by the . . . employees, the department of labor . . .
    \nshall, at the request of any of the parties, investigate such question and certify to the
    \nparties in writing, the name or names of the representatives that have been designated or
    \nselected. The filing of a petition for the investigation or certification of a representative
    \nof employees by any of the parties shall constitute a question within the meaning of this
    \nsection. In any such investigation , the department may provide for an appropriate
    \nhearing, and shall take a secret ballot of employees to ascertain such representatives for
    \nthe purposes of formal recognition.\u201d South Dakota Codified Laws section 3-18-5. A
    \npetition for a decertification election must be presented to the South Dakota Department
    \nof Labor\u2014Division of Labor and Management on a form available at:
    \n    http:\/\/www.state.sd.us\/dol\/Forms\/decert.pdf<\/a><\/p>\n

    Tennessee<\/b> (Right to Work State)<\/p>\n

    Decertification<\/u>: Tennessee law permits education professionals<\/i> to obtain an election to
    \ndecertify an exclusive bargaining representative when \u201cthe board of education and the
    \nrecognized professional employees\u2019 organization are presented with petitions bearing the
    \nsignatures of a majority of the professional employees in the negotiating unit indicating
    \nthey no longer desire to be represented by the recognized organization.\u201d \u201c[A]n election
    \ncommittee shall be established according to the provisions of section 49-5-605, and the
    \nelection committee shall conduct a decertification election.\u201d Tennessee Code Annotated
    \nsection 49-5-607(a). The decertification petition must be presented to the board of
    \neducation\u2019s election committee who will conduct an election. Also, there appears to be a
    \nfee assessed when a decertification election is requested: \u201cThose persons requesting a
    \ndecertification election shall be assessed by the chair of the election committee an
    \namount adequate to pay for conducting the election.\u201d Tennessee Code Annotated section
    \n49-5-607(c).<\/p>\n

    Vermont<\/b><\/p>\n

    Decertification<\/u>: Vermont law permits public employees to obtain an election to decertify
    \nan exclusive bargaining representative. If a petition is filed with the Vermont Labor
    \nRelations Board (VLRB) in accordance with procedures and regulations prescribed by
    \nthe Board, wherein an employee alleges that the individual or employee organization
    \ncurrently certified as bargaining agent is no longer supported by a majority of the state
    \nemployees in the bargaining unit, then the Board shall investigate and provide for a
    \nhearing. Vermont Statutes Annotated Title 3, section 941(c)(1) (state employees<\/i>);
    \nVermont Statutes Annotated Title 21, section 1581(a)(1)(B); Vermont Statutes
    \nAnnotated Title 21, section 1724 (municipal employees<\/i>). A petition for a decertification
    \nelection must be presented to the Board on a form prescribed by the Board, available at:
    \n     http:\/\/www.state.vt.us\/vlrb\/<\/a> (see drop down menu) accompanied by a 30% showing of
    \ninterest. The VLRB Rules of Practice covering decertification are sections 23.1, 23.4,
    \n23.5, 23.6, available at:     http:\/\/www.state.vt.us\/vlrb\/part2.htm<\/a>.<\/p>\n

    Deauthorization<\/u>: Vermont law has no provision for deauthorization of a public sector
    \nagency shop agreement.<\/p>\n

    Washington<\/b><\/p>\n

    Decertification<\/u>: Washington law permits public employees to obtain an election to
    \ndecertify an exclusive bargaining representative. When an employee seeking
    \ndecertification of his\/her exclusive bargaining representative presents evidence
    \ndemonstrating that at least 30% of the employees in the bargaining unit are in support of
    \nthe decertification petition, the Washington Public Employees Relations Commission
    \n(PERC) will conduct a secret ballot election. Washington Revised Code Annotated
    \nsections 41.76.020(3); 41.59.070(4). A petition for a decertification election must be
    \npresented to the PERC on a form prescribed by the Commission, available at:
    \n    http:\/\/www.perc.wa.gov\/Forms\/E1.pdf<\/a> accompanied by a 30% showing of interest. See
    \nWashington Administrative Code sections 391-25-070(6)(c); 391-25-010; and 391-25-
    \n030 for PERC rules covering decertification, including when to file such a petition.<\/p>\n

    Deauthorization<\/u>: Washington law has no provision for deauthorization of a public sector
    \nagency shop agreement. <\/p>\n

    Wisconsin<\/b><\/p>\n

    Decertification<\/u>: Wisconsin law permits public employees to obtain an election to
    \ndecertify an exclusive bargaining representative. \u201cIf a petition is filed . . . for the
    \ndiscontinuance of existing representation indicating a showing of interest by 30% of the
    \ntotal number of employees . . . , the commission should hold an election . . . .\u201d Wisconsin
    \nStatutes Annotated section 111.83(5)(h). A petition for a decertification election must be
    \npresented to the Wisconsin Employment Relations Commissions (WERC) on a form
    \nprescribed by the Commission available at:     http:\/\/werc.wi.gov\/werc-01.pdf<\/a> accompanied
    \nby a 30% showing of interest. <\/p>\n

    Deauthorization<\/u>: Wisconsin law has a provision for deauthorizing a public sector
    \nmaintenance of membership or \u201cfair-share\u201d agreement, \u201c[a] petition must be supported
    \nby proof that at least 30% of the employees or supervisors in the collective bargaining
    \nunit desire that the fair-share or maintenance of membership agreement be discontinued.
    \nUpon so finding, the commission shall conduct a new referendum. . . . If the continuation
    \nof the agreement is not supported in any referendum, it is deemed terminated at the
    \ntermination of the collective bargaining agreement, or one year from the date of the
    \ncertification of the result of the referendum, whichever is earlier.\u201d Wisconsin Statutes
    \nAnnotated section 111.85(2)(a).<\/p>\n

    Wyoming<\/b> (Right to Work State)<\/p>\n

    Decertification<\/u>: Wyoming law permits firefighters to withdraw recognition of their
    \nexclusive bargaining representative. \u201cThe organization selected by the majority of the
    \nfire fighters in any city, town or county shall be recognized as the sole and exclusive
    \nbargaining agent for all of the members of the department, unless and until recognition of
    \nsuch bargaining agent is withdrawn by vote of a majority of the fire fighters.\u201d Wyoming
    \nStatutes Annotated section 27-10-103.<\/p>\n","protected":false},"excerpt":{"rendered":"

    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 […]<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"open","ping_status":"open","template":"","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"class_list":["post-1931","page","type-page","status-publish","hentry"],"yoast_head":"\nPublic Sector Decertification\/Deauthorization Laws (as of 2\/6\/2004) - National Right to Work Foundation<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.nrtw.org\/public-sector-decertification-deauthorization-laws-as-of-2-6-2004\/\" \/>\n<meta property=\"og:locale\" content=\"es_ES\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Public Sector Decertification\/Deauthorization Laws (as of 2\/6\/2004) - National Right to Work Foundation\" \/>\n<meta property=\"og:description\" content=\"Deauthorization laws are not necessary in Right to Work states, because Right to Work laws prohibit compulsory union membership and fee requirements. 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