Decertification of Union Bargaining Unit: What’s Happening Today, Part II The Labor Law Insider

In this episode of the Labor Law Insider, attorneys Adam Doerr, Trecia Moore, and host Tom Godar continue their discussion of decertification petitions, focusing on some of the practical implications related to decertification efforts, including:

• Employees who are frustrated with their union representative may be stymied by the complex decertification process, and the specific and detailed requirements of the process.
• Employers may consider withdrawal of union recognition based on loss of majority support, bolstered by a decertification petition, but face risks in doing so.
• Employers continue to have free speech rights in a decertification campaign but may opt for a softer approach for a variety of reasons.

We conclude the episode by hazarding a few predictions, including the continued strength of recent union-organizing efforts with the likely result that more employees will opt for union representation; however, we also see an opportunity for employees who are disenchanted with their union experience to vote on decertifying their union, as could be the case for Starbucks employees.