REPRESENTATION ISSUES; DECERTIFICATION – In General; Filing Requirements

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Decertification is in most instances an appropriate procedure for employees who have changed their mind. However, a decertification petition cannot be filed in at least the first year after recognition or certification (Gov. Code, § 3507, subd. (b)), and no decertification election is possible if unfair practices prevent a fair election from proceeding. (Children of Promise Preparatory Academy (2018) PERB Order No. Ad-470, pp. 5-6.) Because employer unfair practices can make it impossible to hold a decertification election, a clear lesson emerges: an employer concerned about employees’ ability to decertify a union will maximize that ability by refraining from unfair practices.