Labor Management Relations

Union Decertification

Due to falling wages, reduced benefits, and unrealized expectations, many of today’s organized workers do not feel that their unions are adequately representing their interests. Such employees may be receptive to decertification. While employers should welcome the opportunity to forge a closer and more independent relationship with their employees, if they are not aware of their legal limitations and do not seek the advice of experienced legal counsel, they can easily run afoul of the National Labor Relations Act and find themselves with significant unexpected financial obligations.

Littler works every day with unionized employers from across the nation and across all industries to advise them of their rights, lay out the options available to both them and their employees, and develop appropriate employee communication plans. Over the years, the Firm has successfully handled scores of decertification elections and withdrawal of recognition petitions—two strategies open to employees seeking to end union representation—and helped clients to understand the implications of each. The Firm works with clients to untangle the complexities involved with separation, from the details of how and when and even if decertification petitions should be filed, to fulfilling clients’ obligations under their collective bargaining agreements and assessing their financial liability. 

Ultimately, Littler provides clients with the advice and strategy they need to legally fulfill the wishes of their employees to work in a productive and union-free environment.