ELECTIONS





Business Man Writing White Board
  • SELECT
  • CHANGE
  • REMOVE
  • GENERAL INFORMATION

Remove a Union

Public Employees may petition to decertify the union that currently represents their existing bargaining unit. If they are successful in having no representation, that bargaining unit cannot file to be represented by another union for a year from the date of the certification of “No Representation”.

Public Employees may not attempt to remove only themselves or a portion of the existing unit. If you are successful in having no representation, that bargaining unit cannot file to be represented by another union for a year from the date of the certification. If you would like to be represented by a different union, see the Change representation page.

Filing a Petition

The bargaining unit employee filing the petition acts as the primary contact person with us. The employees in the bargaining unit only participate in the vote, if the petition results in an election.

Showing: All petitions must be filed with a showing of interest showing that at least 30% of the affected employees support the petition.

Timing:

A petition to change a union or bargaining representative may only be filed at certain times.

  • If the bargaining unit’s current contract is in effect, a petition to remove a union may only be filed during the 30 day “window period.”
    • For state employees who bargain under Chapter 41.80 RCW, the 30 day window period begins 120 days and ends 90 days before the current contract expires.
      • For employees under all other statutes, the 30 day window period begins 90 days and ends 60 days before the contract expires.
    • If the bargaining unit’s current contract has expired, a petition to remove the union may be filed at any time.
    • If PERC conducts an election no petition involving the same employees may be filed for 12 months from the certification date.

    Process

    When a petition is filed, PERC will request a list of the petitioned-for employees from the employer. PERC verifies whether at least 30% of the employees who signed showing of interest cards are on the list provided by the employer.

    • If the petition is not supported by at least 30% of the employees in the proposed bargaining unit, PERC issues a deficiency notice and the petitioning union will be given an opportunity to correct the defect.
    • If the petition is supported by at least 30% of the employees, PERC conducts an investigation conference by email or phone to determine if the parties agree on certain matters. If the parties agree on all matters, then an election or cross-check will be directed. If the parties do not agree on all matters, then a representation hearing will be held.

    If the parties agree to the matters to be determined during the processing of the petition, a mail ballot election or cross-check will be held about 5-7 weeks after the petition is filed. If some matters need to be resolved through a hearing, processing of a petition will take longer.

    Determination

    Petitions to remove or decertify a union require a mail ballot, online or telephonic election.

    Mail Ballot Election

    • Ballots are mailed to employees’ homes to vote, returned to PERC, and tallied at the election.
    • Mail ballot choices include the union and “No Representation.”
    • The election is determined by a majority of ballots returned. A tie vote results in “No Representation” being certified.

    Online Telephone & Election

    • Voting instructions are mailed to employees’ homes. Voters will be allowed to vote during a certain period of time using a specific confidential pin # assigned to them.
    • Ballot choices include the petitioning union and “No Representation.”
    • The election is determined by a majority of ballots returned. A tie vote will results “No Representation” being certified

    Following the election or cross-check, a certification of the result is issued and the case is closed.

    Translate »
    Scroll Up