Note that employers cannot initiate or support employees in a decertification request. If the board finds unacceptable interference by the employer or another person, it may refuse to count a vote and reject the request for decertification. When a union certificate is cancelled to represent a bargaining unit and no other union is certified to replace it, any collective agreement in force between the union and the employer becomes invalid. No other union can apply for certification to represent the bargaining unit for 10 months after decertification or a shorter period set by the Board. However, the de-certified union may apply to be re-certified during this period if it is able to prove that it has obtained the necessary support from staff for certification. Bruce R. Millman has more than 40 years of experience advising private and public sector employers on business strategies and human resources. In addition to the Board, Bruce regularly represents clients at the collective agreement table, in arbitration proceedings, and in administrative and court disputes. Bruce is a professor of public and private sector labour and labour law for a wide range of professional and legal organizations, including the American Bar Association, the New York State Bar Association and the Practising Law Institute. Bruce is the managing partner of Littler Mendelson`s New York office. He is a member of Littler`s Publications Review and Associates Committees, the Core Group of the Wage and Hour Practice Group, the Business Restructuring Practice Group, the PUBLICATIONS release subcommittees and news committees of WARN Issues for the Business Restructuring practice group, as well as traditional laboratories, Healthcare, International Labor and other practice groups.
Prior to joining Littler, he was a managing partner of a boutique and employment management company and a partner in another company. If at least 45 per cent of rate unit employees sign decertification support forms, a secret vote will be held within five business days of the application. For the request for decertification to be successful, the majority of the votes cast must be in favour of decertification. As with an application for certification, the Board of Directors may request an additional vote if less than 55 per cent of voting staff vote in a decertification vote. „When I apply for membership, I understand that the union intends to certify itself as my exclusive bargaining partner and represent me in collective bargaining.“ When a trade union council is formed, it becomes an exclusive bargaining partner for all workers previously represented by the various unions.