"DECERTIFYING" (VOTING A UNION OUT)

Can you "test drive" a union? NO!  


But unions want you to think you can. For example, the International Association of Machinists web site says this: 

Telling workers “If you don’t like us you can just vote us out” is a strategy unions use to get voted in.

United Steelworkers Union

  • Former President of United Steelworkers Local 4-318 (Edison, N.J.) guilty of embezzling $93,965.00.
  • Former Financial Secretary of United Steelworkers Local 561 (Lancaster, Ohio) guilty of embezzling $24,833.00.
  • Former Secretary-Treasurer of United Steelworkers Local 15485 (Springfield, Mo.) guilty of stealing $12,284.00 in union funds.
  • Former President of United Steelworkers Local 2-47 (Green Bay, Wis.) guilty of theft of “an amount between $2,500 and $5,000.00.”
  • Former Treasurer for United Steelworkers Local 12-1097 (Westport, Ore.) guilty of embezzling $19,911.00.
  • Former President of United Steelworkers Local 378 (Aynor, S.C.) guilty of embezzling $9,345.00.
  • Former Financial Secretary-Treasurer of United Steelworkers Local 208 (Irving, Tex.) guilty of embezzling $54,416.00 of union funds.
  • Former Financial Secretary of United Steelworkers Local 458 (Plant City, Fla.) guilty of embezzling $43,941.00 in union funds.
  • Former Treasurer of United Steelworkers Local 9-458 (Plant City, Fla.) guilty of embezzling $65,895.00.
  • Former Financial-Secretary of United Steelworkers Local 480 (Pottsville, Pa.) guilty of embezzling $2,626.00.

International Brotherhood of

Electrical Workers

  • Former Secretary-Treasurer of IBEW Local 2359 (Sugar Grove, Ohio) guilty of embezzling $158,150.00.
  • Former business manager for IBEW Local 898 (San Angelo, Tex.) guilty of embezzling $11,164.00.
  • Former business manager for IBEW Local 545 (St. Joseph, Mo.) guilty of embezzling $23,768.00.
  • Former dues clerk for IBEW Local 58 (Detroit, Mich.) guilty of embezzling $101,059.00. 
  • Former President of IBEW Local 249 (Geneva, N.Y.) guilty of embezzling $39,049.00.

International Association of Machinists

  • Former Business Representative of International Association of Machinists District Lodge 65 (St. Cloud, Minn.) guilty of stealing $5,919.00. 
  • Former Secretary-Treasurer of International Association of Machinists Lodge 2458 (Minooka, Ill.) guilty of embezzling $62,263.00.

The truth is, IT IS VERY DIFFICULT TO VOTE OUT A UNION.

What makes it hard to vote a union out?

1. There are only certain times you can try to vote out a union. 

 

  • Workers can't try to vote the union out for one year after it gets in. 

 

  • Workers can't try to vote the union out while there is a union contract in effect. Unions sometimes will agree to anything just to have a contract - and keep workers from voting them out.

 

  • Workers must file their request for a vote with the NLRB during a 30-day "window period" before the contract ends. If they miss that window period by even a day, the NLRB will not hold a vote.

2. You're on your own - management can't help you decertify the union. 

 

  On your own, you must:

 

  • Get at least 30% of the entire union-represented group to sign cards or petitions saying they want to decertify the union. 

 

  • Prepare all documents the National Labor Relations Board requires.

 

  • File completed documents with the NLRB at the proper time.

 

  • Pay all of the legal expenses the process involves. 


3. The union will fight hard to keep you from voting them out (they don't want to lose the income)

What can the union do?

Punish members who try to vote them out. 


It's a violation of union rules to try and vote them out. For example:


  • The International Association of Machinists Constitution says members can be punished for “Attempting, inaugurating, or encouraging secession from the I.A.M.” (Article L, Sec. 3, p. 147). 

 

  • The Steelworkers Union Constitutionsays members can be punished for "advocating or attempting to bring about the withdrawal of the International Union of any Local Union or any member or group of members." (Article XII, Sec. 1, p. 57).


Members found guilty of trying to get rid of their union can be suspended, expelled from the union, or charged a fine.

Use legal tactics to prevent a vote.


A union can file an unlimited number of “unfair labor practice” charges with the National Labor Relations Board. These charges prevent a vote from taking place until each charge has been investigated and resolved - a process than can take months, or even years.


Since workers have to pay their own legal costs, it’s hard (and expensive) for them to fight this strategy.


Agree to a contract. 


When a contract is in effect, no vote can be held to decertify the union.



Sometimes unions sign bad contracts just so they can’t be voted out.  

How the IAM tried to stay in Vought Aircraft:


When the International Association of Machinists heard employees at Vought Aircraft in Charleston, S.C. were thinking of voting them out, they held a quick, secret vote (only 13 workers out of nearly 300 participated) to approve the contract -- just one day before their first anniversary of being voted in.  That prevented the employees from having a decertification vote:

The workers at Vought didn't give up, and eventually voted the IAM out anyway. 

 

To see the whole story, click here.


Even though voting a union out is hard, when workers are able to have a vote, they often succeed!

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For example, from July 1, 2014 – June 30, 2015:

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  • 73% of the attempts to vote out the International Association of Machinists were successful.

  • 56% of the attempts to vote out the International Brotherhood of Electrical Workers were successful.

  • 54% of the attempts to vote out the International Brotherhood of Teamsters were successful.

  • 50% of the attempts to vote out the United Steelworkers union were successful.

What happened when workers at Chino Mine in New Mexico voted out the Steelworkers is important:


Here's what two workers had to say:


"I'd like to say the bigger reason why I began the petition to decertify the union was because I wanted the same thing as the workers who were not part of the union," Shane Shores said.

 

Edward Hooten agreed. "We had no opportunity. We were stuck as a truck driver, for instance, even if we wanted to train on other equipment.  We felt like we were in dead-end positions. It wasn't the bosses, it was the union regulations holding us down."

 

"We can cross-train now," Hooten said. "Anyone who was non-union didn't want to talk to us while we were trying to get information, because they feared issues with the union."

 

"We have better morale at the mine now," Shane Shores said. 

 

To read more click here.



How do unions use signed cards?

 

  • If 30% or more of the targeted workers sign, the union can ask the National Labor Relations Board (NLRB) to hold a vote. All workers in the targeted group would be eligible to vote whether or not they signed a card or petition. 


  • If more than 50% of the targeted workers – a majority – sign, the union can ask management to recognize the union without a vote. Management doesn't have to agree, but if they do, the union immediately becomes the exclusive representative for all of the targeted workers whether or not they signed a card. If management refuses, the union usually asks the NLRB to hold an election.

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Unions MUCH prefer to have management recognize them without a vote, since that guarantees they get in and there's no chance they'll lose an election.


THE BOTTOM LINE:


No matter what anyone says, you can't take a union for a test drive. 

 

The truth is, once a union has been voted in, they probably are there to stay. 

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