How to Get Out of a Labor Union

Leaving Your Union as an Individual

Contact your union representative. Every union is different. To figure out when and how to leave the union, you will need to talk to your union representative. Call them up or stop by to talk. If you are not in a “right to work” state, then your ability to leave the union can be restricted. You should ask about those restrictions.

Check the length of the opt-out window. In some unions, you might only be able to leave your union during certain times of the year. For example, in Michigan, teachers can only opt out of their union in August. You can often find this window of time by getting a copy of your enrollment form. You might also read your collective bargaining agreement, which could contain this information.

Realize you may still have to pay “agency fees.” Even if you leave a union in some states, you can be forced to pay an “agency fee.” The purpose of the fee is to reimburse the union for continuing to represent you in collective bargaining.

Fill out required paperwork. There may be forms you have to fill out to leave the union. Alternately, you might need to send a letter to your union. This letter should state where you work and that you resign your membership from the local and all affiliated unions. If you had union dues automatically deducted from your paycheck, then you’ll need to stop those deductions. You can get a form from your union representative or possibly Human Resources.

Become a conscientious or religious objector. As an objector, the full amount of your union dues will be deducted and payed to a tax-exempt charitable fund. You will no longer be a member of the union, though you will still work under the collective bargaining agreement. You can go to https://choosecharity.org/ and complete an application. Their legal team will then take over the rest.

Decertifying the Union

Get help. When you decertify your union, it no longer operates in your workplace. It can’t collectively bargain on your behalf, and you no longer will be bound by prior collective bargaining agreements. You should find people who can help you handle the decertification process. Only the National Labor Relations Board can decertify your union, and they have made the process lengthy and difficult. If you no longer want any union in your workplace, then you should talk to a lawyer. Your employer is prohibited by law from helping you. You can find a labor lawyer by contacting your nearest bar association and asking for a referral. You might want a new union. The process is similar to the one described in this article. However, it is often easier to try to reform your current union than switch. You should contact the National Labor Relations Board with questions.

Wait for the right time. You can only move to decertify a union at certain points in time. For example, you can’t vote to decertify within the first year of the union’s certification. However, you could seek decertification at other points: In the first three years, you have a 30-day window in which you can seek decertification. This window begins 90 days before the bargaining agreement expires and ends 60 days before the agreement expires. If your union agrees to a new collective bargaining agreement before the window arrives, then you can’t seek decertification. After the first three years of a contract, you can seek to decertify at any time. If your collective bargaining agreement has expired, then you can seek decertification so long as a new agreement hasn’t been signed.

Circulate a petition. You can’t request a decertification election from the NLRB unless you get signatures from at least 30% of bargaining unit members who agree to hold a decertification election. There are many petitions available online. Remember to work to decertify the union only during non-work time and only in non-work spaces. A petition might read: “We, the undersigned employees of Acme Company, no longer wish to be represented by National Union Federation, our current union. We request that the National Labor Relations Board hold an election since we believe a majority of unit employees no longer wish to be represented by National Union Federation.” Include lines for each signatory to put their printed name, signature, department, and date.

Collect sufficient signatures. You need to get at least 30% of all members covered by the union to trigger a decertification election. Remember that the 30% threshold applies to all people covered by the union—not simply members. It’s possible that people choose not to join the union but nevertheless are covered by the collective bargaining contract. These people can vote to decertify the union.

Notify interested parties. You must notify your employer and other interested parties (such as your current union) that you are seeking decertification. Don’t show them your petition with signatures. Instead, you will need to provide them with completed copies of the following forms. You can serve them by certified mail or hand delivery. Form NLRB 502-RD Form NLRB-505 Form NLRB 4812

Send the petition to the NLRB. You should make several copies of the petition. You need to submit it to your nearest NLRB regional office, along with NLRB Form 502. You can find your nearest NLRB regional office here: https://www.nlrb.gov/about-nlrb/who-we-are/regional-offices. Also send a Certificate of Service, NLRB Form 5544.

Document threats or harassment. It is an unfair labor practice for anyone to try and intimidate you into staying in the union. Once you begin your decertification drive, you can expect the union to find out and not be happy. Be sure to thoroughly document any intimidation, such as threats or harassment. Save threatening emails and notes, as well as voicemail messages. If someone personally confronts you, then write down their name and what they did or said.

Vote to decertify. The NLRB should run the decertification vote. After receiving your request, they will need to validate signatures. The election should be held within 60 days. At the election, a majority of people who vote will need to vote to keep the union, otherwise it will be decertified. Once decertified, you can negotiate terms of employment directly with your employer—and without union involvement.

Dig in for a long haul. Decertifying a union is not easy. It can take years to decertify a union, and you may need more than one petition or election before you succeed.

De-authorizing a Union

Identify the difference between decertification and de-authorization. When you decertify a union, it no longer represents you. Workers are free to join another union, and the current union no longer bargains on their behalf. When you “de-authorize” a union, the union still exists. However, belonging to the union can no longer be a condition of employment. After the union is de-authorized, employees are free to join but are not required. In effect, you have created a right-to-work jobsite.

Check if de-authorization is an option. Only around half of all states allow workers to de-authorize a union. You should check if your state allows you to do this. Look on the Internet. There’s a wealth of information on the Internet. Alternately, you could consult with an attorney. Unlike decertification, you can seek de-authorization at any time. You don’t have to wait for a window or for the collective bargaining agreement to expire.

Understand the risks. Your union rules might allow the union to punish you for trying to de-authorize the union. As a consequence, you could be fined or possibly fired. You need to understand the risks before going ahead. Meet with a labor lawyer who can advise you about your options. A labor lawyer should have experience in decertification or de-authorization. Ask what consequences you likely face because of your de-authorization drive.

Write a de-authorization petition. You will need to collect signatures from at least 30% of the bargaining unit’s employees. You can find sample petitions online. Don’t circulate the petition during work hours or at the workplace. A petition might read, “We, the undersigned employees, making up 30% or more of the bargaining unit, wish to withdraw the authority of [name of union and local number] to enter into and enforce the union security clause in our contract. The undersigned petition the National Labor Relations Board to schedule and hold an election to determine whether a majority of employees wish to de-authorize the union and withdraw the authority of the union to enforce the contract’s union shop clause.” Then include lines for each person to print their name, sign, and list their department and the date. If you use more than one page, then include the purpose of the petition at the top of each page.

Submit the petition to the NLRB. You need to ask the NLRB to hold a de-authorization election. You should complete required forms and then submit the petition to the NLRB. You should complete Form NLRB 502-UD, which is available here: https://www.nlrb.gov/sites/default/files/attachments/basic-page/node-3040/Form%20NLRB-502%20%28UD%29%20-%20UD%20Petition.pdf. Send your materials to the nearest NLRB Regional office, which you can find here: https://www.nlrb.gov/about-nlrb/who-we-are/regional-offices.

Hold a de-authorization vote. You can’t de-authorize the union unless a majority plus one of all workers in the bargaining unit vote to de-authorize. If you have 200 workers in the bargaining unit, then you will need 101 people to vote to de-authorize.