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.

Showing of Interest

A showing of interest must be filed with all petitions. It is individual papers/cards from at least 30% of the employees in the proposed bargaining unit stating the desired outcome of the petition. Each card must be signed and dated.

Example – Sample language for a showing of interest card:

I [printed name] want to be represented by [name of union] for the purpose of collective bargaining.

I [printed name] no longer want to be represented by [name of union] for the purpose of collective bargaining.

The showing of interest cards

• are confidential and not shared with the employer.

• may not be withdrawn once filed with us.

• must be signed and dated within one year of the date that the petition is filed.

Reason for a Representation Hearing

A hearing will occur before an election for two reasons:

1.  If there is a question about the appropriateness of the proposed bargaining unit configuration.

• An appropriateness challenge is a parties’ claim that the employees in the proposed bargaining unit do not share a community of interest, such as common working conditions or other terms of employment.

2.  If there is an eligibility challenge that could potentially affect the outcome of the election.

• An eligibility challenge is a parties’ claim that an employee should be excluded from the proposed bargaining unit on the basis of supervisor, confidential, or regular part-time employee status.

A hearing will occur after the election if the number of eligibility challenges would not likely affect the outcome of the election.

What to Expect at a Hearing

A representation hearing is similar to a trial before a judge. The PERC hearing officer acts as both an administrative law judge and investigator.

• Evidence – Parties must provide evidence through testimony of witnesses and exhibits regarding the disputed issues.

• Numbering Exhibits – Exhibits should be numbered UN-1, etc. for the union and ER-1, etc. for the employer. If there is more than one union in a case, the parties and the hearing officer will determine the designation prior to hearing. If there is an individual litigant in a case, that individual's exhibits should be designated in a manner reflecting the individual's status in the case, such as P for petitioner. The hearing officer will make clear the designation prior to the hearing. If you have a matter scheduled for hearing, you should consult with the assigned hearing officer to confirm how exhibits should be numbered.

• Witnesses – The hearing officer is permitted to ask questions of witnesses, call witnesses, and request that the parties submit evidence into the record as needed.

• Court Reporter – A court reporter is hired to transcribe all PERC hearings. Parties may purchase the transcript directly from the court reporter.

Hiring an Attorney

PERC staff will not represent you or provide you with an attorney. Staff are strictly neutral and can only answer questions about rules and procedures; they cannot provide legal advice.

• You may hire an attorney to represent you or review your petition, but you are responsible for paying the attorney's fees.

• You are not required to hire an attorney to participate in a PERC hearing. If you do not, it is recommended that you

• study the rules and statutes.

• review your claims and evidence.

• make your own decision whether to hire an attorney at your own expense.

Notification of PERC Decision

After a hearing, we will issue a written decision that will be

• based on the testimony and evidence presented at the hearing.

• issued within 90 days after the closing briefs are filed.

• mailed to the parties of record.

• posted on our website under “Recent Decisions.”

Information about the content of a decision cannot be shared until it is officially released.

Can my employer retaliate against me?

It is illegal for an employer to retaliate against an employee who files or supports a representation petition or gives testimony at a PERC hearing. If you believe you have been a victim of retaliation, contact PERC about filing an unfair labor practice complaint at 360.570.7300.

If I have other questions, whom should I contact?

If you have questions about PERC’s representation procedures not answered here, contact Representation Case Administrators Dario de la Rosa at (360) 570-7328 or Emily Whitney at (360) 664-3047.