Now that you opted out - see how you can be involved to help others! Help call a VOTE to Decertify

WHAT IS A DECERTIFICATION PETITION?

A decertification petition is the vehicle whereby a group of employees in an established bargaining unit or an employee organization may bring about an election which allows employees to vote to either remove or replace their incumbent “exclusive representative.” (The “exclusive representative”is the employee organization that has been recognized or certified to represent the employees in the bargaining unit in their employment relations with the employer.) PERB-1370 (4/15) - Filing a Decertification Petition

It is important to remember that your school administration cannot help or assist you with decertifying a union. You can reach out to other organizations to help. Feel free to contact the National Right to Work Legal Defense Foundation https://www.nrtw.org/ for assistance.

THE OBJECTIVE OF A DECERTIFICATION PETITIONTo terminate the union’s right to represent you and your fellow employees. This procedure provides you with full relief by taking away the union’s authority to act as your bargaining representative. If you are a part of the employee union that is covered under a collective bargaining agreement (whether you are a union member or not) you can still sign a petition and participate in the vote for decertification. Once the union is removed as your legal bargaining representative you no longer have to join the union or pay dues or fees to it.

5 STEPS to Decertification

Before you start download PERB-1370 (4/15) - Filing a Decertification Petition (This is the document with all the guidelines in detail that we present below)

Step 1: Determine the proper filing period. Decertification petitions may be filed only at certain times during the labor contract. Otherwise, they are barred.

Under the so-called contract bar, a decertification petition cannot be filed in the first three years of a labor contract, except during a 30-day window. Most labor contracts last three years, although they can be longer or shorter; they typically do not expire annually. The 30-day window opens 90 days prior to the contract expiration and closes 60 days before the contract ends, except in health care settings. For contracts that last longer than three years, the decertification petition may be filed at any time. Thus the proper filing period for unit members at the SDUSD is March 3, 2020 to March 31, 2020, since the current SDEA contract ends June 30, 2020 can also be done NOW since no contract is in place.

Step 2: Employees need to draft a "Proof of Support" decertification petition (example here) for employee signatures. If at least 30% of bargaining unit members sign a decertification petition, PERB will have a secret ballot election.

Employees can undertake decertification efforts only during non-work times and in nonwork areas. They cannot use company equipment or resources. Also, management cannot be involved in any way in this effort. Employees can seek assistance from organizations such as the National Right to Work Foundation.

Step 3: File a petition with PERB Within the Window Period (March 3, 2020 to March 31, 2020)Once employees have a valid showing of interest, one or more represented workers must file it—usually in the form of employee signatures on a document that says they don't want a union—with PERB and also file a separate petition with the board. This petition must also be sent to the union at the same time employees file it with the board.

1. Proof of Support (with at least 30% of unit members signing)

2. Decertification Petition Form (PERB-1305)

3. Proof of Service

Step 4: Hold a secret-ballot election. PERB then sets up a secret-ballot election in response to the petition document. PERB will determine the appropriate group of people to vote in the election—a determination that unions and employers sometimes dispute, which can lead to delays in holding the election.

Step 5: Act in response to the results of the election. If 50% or more of the employees vote against union representation, the union will no longer have representation rights and the employees will once again be able to deal directly with the company on issues related to pay, benefits and working conditions.

When a union hears about a decertification effort, it won't be happy. However, it cannot prohibit employees from exercising their rights. If the union tries to pressure employees to stop a decertification effort, it should be reported to PERB, because such interference is illegal.

WHAT HAPPENS IF THE SDEA FINDS OUT?When your union hears about employees bid to get out of the union, they will not be happy. However, there’s nothing they can do to prevent you from exercising your rights. They may try to pressure or coerce you into changing your mind. Threats or coercion by union representatives are illegal and constitute an unfair labor practice. If the union tries to coerce you or your coworkers in any way, you should immediately report this to PERB and, if you want, to the company. It is PERB’s duty to prohibit such action on the part of unions and to ensure that your right to seek an election will be protected.

PERB has ruled, and the courts have upheld, that a union may not discriminate against a member for taking action to have the union decertified. An election is the legally accepted way to determine the desires of the employees in the unit on the subject of union representation. The federal government will see that your right to an election will be protected and that the election will be conducted fairly.

In addition, nobody will reveal the names on the petition that is submitted to PERB and the decertification election is conducted by secret ballot so neither the union nor the employer will know how any individual voted unless they choose to make their vote known.

WHEN CAN WE FILE?No decertification petition may be filed during the term of that contract, July 1, 2017 through June 30, 2020. except during a certain period, referred to as the “window period,” March 3, 2020 to March 31, 2020 which is before the expiration of the contract, and after the contract has expired, which is NOW.

According to PERB Regulations 33020 - The "window period" for the SDEA and SDUSD when the Decertification Petition must be filed is between

March 3, 2020 to March 31, 2020

This is because: The contract between the SDEA and SDUSD is This is the entire collective bargaining agreement, 223 pages. July 1, 2017 through June 30, 2020.

PERB Regulations - 33020. Window Period.

"Window period" means the 29-day period established pursuant to Government Code Sections 3544.1(c) and 3544.7(b)(1) which is less than 120 days, but more than 90 days, prior to the expiration date of a lawful written agreement negotiated by the public school employer and the exclusive representative. The written agreement expiration date means the last effective date of the agreement. Notwithstanding the provisions of Section 32130, the date on which the written agreement expires shall not be counted for the purpose of computing the window period.

That said, if no Collective Barganing Agreement is reached between the SDEA and SDUSD by July 1, 2020 "Generally, a decertification petition may be filed any time there is no collective bargaining agreement in effect." PERB-1370 (4/15)

THIS IS GREAT, But can someone help me?

YES, Contact National Right to Work Legal Defense Foundation https://www.nrtw.org/ for assistance, they will be glad to help you file, and make sure you have all the necessary documents, and help check all dates to make sure everything is filed ontime.

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