An Alternative to Decertification: Withdrawal of Recognition

Abstract

While the focus of many employers is on maintaining union-free status, occasionally it is the case that their already-unionized employers are seeking to regain that status. By and large, the vehicle through which union-free status can be restored is decertification: a process whereby employees file a petition for an election to oust an incumbent union. Employers are significantly limited in their ability to aid such efforts, as the law confines them to providing no more than ministerial assistance to decertification efforts. Crossing that legal line can doom a decertification effort and ensure continued union representation.