Decertifying a Union: The Legal Process for Construction Workers in California
In the construction industry, unions often represent workers to negotiate better wages, working conditions, and job protections. However, there may come a time when workers feel the union no longer serves their best interests. In California, construction workers have the right to decertify a union, but it must be done legally and properly. Here’s a basic explanation of the decertification process under California labor law.
What Is Union Decertification?
Union decertification is the process by which employees remove a union as their official bargaining representative. This does not mean that employees are giving up their rights. Instead, they are choosing to negotiate directly with an employer or potentially look for a different representative if they wish. The key is that it must be the workers’ choice.
Understanding the Legal Right to Decertify
Under the National Labor Relations Act (NLRA), which also applies in California, employees have the legal right to decide whether they want to be represented by a union. In construction-related jobs, this decision can have a big impact on job site rules, wages, and more. If a group of workers believes that their union is not representing them well, they can start the decertification process.
Steps to Decertify a Union in California
- Step 1: File a Petition
To begin, at least 30% of the employees in the bargaining unit must sign a petition stating they no longer want the union to represent them. This petition is filed with the National Labor Relations Board (NLRB), the federal agency that oversees labor law enforcement.
- Step 2: Timing Matters
Decertification petitions must be filed during certain time frames. If a union contract is in place, you may only file the petition within a 30-day “window period” close to the contract’s expiration. This is often 60 to 90 days before the contract ends. If no contract exists, the process may be simpler.
- Step 3: NLRB Reviews the Petition
Once filed, the NLRB will examine the petition to make sure the process followed legal requirements. If valid, a decertification election will be scheduled so all eligible employees can vote.
- Step 4: Hold the Election
During the election, employees vote either to keep or remove the union. If the majority votes for decertification, the union will be removed as the certified representative.
Important Considerations for Construction Workers
Construction jobs often involve different contractors and job sites, which can add layers of complexity to the bargaining unit. California law supports workers’ rights to collective bargaining or self-representation, but legal advice is often your best tool to understanding your position.
Workers must also avoid retaliatory action. Employers are not allowed to influence or retaliate against workers for initiating a decertification petition. Any evidence of unfair labor practices can cause the petition to be dismissed.
Get Help Navigating Union Decertification
Decertifying a union in California, especially in the construction industry, can be complex and intimidating. If you’re unsure about how to file a petition, manage strict timelines, or avoid legal missteps, it’s smart to seek professional guidance.
If you’re having issues with the decertification process or unsure of your rights, call Jonny Law at 800-566-4868. With experience in California labor laws and construction-related legal matters, Jonny Law can help guide you through the proper legal steps so your voice is heard and your rights are protected.
Remember, decertification is your right – knowing how to do it the right way is the key.