SPHR Human Resources

Category - Relations

If employees no longer want the union to represent them, they may petition the NLRB for which of the following?
  1. Decertification
  2. Deauthorization
  3. Contract bar
  4. Statutory bar
Explanation
Answer - A - The NLRB will conduct a decertification election if the employees present a petition signed by 30 percent of the employees in the bargaining unit.

Key Takeaway: Management may not participate in or encourage employees to circulate the petition or provide any support in the process. A union can be deauthorized if employees want to remove a union security clause, such as dues check off. If there is a valid CBA in place, the NLRB will not direct an election. The NLRA also prohibits an election if one took place during the preceding 12 months.
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