What I don't understand is how
ONE GUY can file this many
petitions??? He only works in Auburn, wouldn't employees from each terminal being filed have to file them instead of just the one person???
Furthermore, Oak Harbor could only get
ONE person to file them??
Kinda see where this is going to go....
HELLO?? THERE'S A REASON WHY THE UNION WAS STARTED THERE IN THE FIRST PLACE!!!! :loser:
What a waste of time and money on Ray M's part....having an attorney file them.....
AND post his cell phone number and address for everyone to see on the Oakhanswers website!!
A decertification election has only one purpose and effect: to remove the union as the “exclusive bargaining representative” of the employees. A decertification election is different from a "deauthorization" election. A deauthorization election has only one purpose and effect: to remove the “union security ” forced-unionism clause from the contract. In a deauthorization election, the union remains as the exclusive bargaining representative, and the collective bargaining agreement remains in effect, except for the forced unionism clause.
The National Labor Relations Board maintains many rules governing when employees can file for a decertification election. The first rule is the "certification bar," which holds that petitions for a decertification election cannot be filed for 1 year after a union wins an NLRB conducted election.
Another important rule is the "contract bar," which holds that petitions for a decertification election cannot be filed during the first 3 years of a collective bargaining agreement, except for during a certain 30-day "window period." In most workplaces, the 30-day “window period” for filing a decertification petition with the NLRB occurs 60 to 90 days prior to the expiration date or 3 year anniversary of the contract, whichever comes first. In the health care industry (such as hospitals), the 30-day “window period” occurs 90 to 120 days prior to the expiration date of the contract or 3 year anniversary of the contract, whichever comes first.
A decertification petition can also be filed anytime after a contract expires or becomes more than 3 years old. However, if your employer and the union enter into a successor contract, the new contract will begin another 3 year "contract bar" on decertification elections. Thus, if you miss the "window period" for filing a petition for a decertification election, you may have to wait for another 3 years to request a decertification election.
Most employees prefer a workplace where they are free to discuss their terms and conditions of employment directly with the employer, without intervention by a third-party. They also prefer a workplace in which union membership and the payment of dues is voluntary, as this forces the union hierarchy to be more accountable to the rank-and-file workers. Instead of relying on threats, intimidation, and even firings to gain financial support, union officials have to sell the benefits of union membership to the individual employees.
Under the National Labor Relations Act, if 30% or more of the employees in a bargaining unit sign a Decertification Petition, the National Labor Relations Board will conduct a secret ballot election to determine if a majority of the employees wish to decertify the union and stop it from any further “exclusive representation.” If the petitioning employees win that election, then the company becomes nonunion and all employees are free to bargain on their own, and negotiate their own terms and conditions of employment. Moreover, if 50% or more of the employees in a bargaining unit sign a petition that they no longer want to be represented by the union, the employer can withdraw recognition without an election if it wishes to do so. (Except where the contract bar applies, as discussed above.)
The petition must be an employee effort. Employer assistance is unlawful and, if there is any, the union will nullify the effort by filing an unfair labor practice charge.
HOW TO GET STARTED: First, employees should assess the strength of support for decertification within their specific bargaining unit. Usually, is it not worth calling for such an election unless the petitioning employees believe they will be able to garner the support of a majority of their fellow employees. The petitioning employees will need the votes of a majority of those employees who show up to vote on election day.
In order to proceed, employees should collect signatures on a petition which reads something like the following:
He has to have gotten signed petitions from each location. Did he get the replacement drivers to sign them?