1. Employee Petition:
- Employees who oppose union representation may initiate the process by circulating a petition among the bargaining unit. The petition must meet certain requirements set forth by the National Labor Relations Board (NLRB) in terms of content and participation.
2. Filing a Petition with the NLRB:
- Once the petition meets the requirements, it is filed with the NLRB along with supporting documentation, including a list of employees opposing the union and evidence of employee signatures. The NLRB will then conduct an investigation to verify the petition's validity.
3. Pre-Election Hearing:
- The NLRB may schedule a pre-election hearing to address any challenges or objections to the petition or to resolve disputes related to voter eligibility. The hearing allows both the union and the employees opposing union representation to present their cases.
4. Secret Ballot Election:
- If the NLRB determines that there are sufficient grounds for an election, a secret ballot election will be scheduled among all eligible employees in the bargaining unit. Employees will cast their votes either in favor of or against union representation.
5. Election Results and Certification:
- The NLRB will tally the votes and certify the results of the election. If the majority of employees vote against union representation, the union will be decertified, and the employer will not be obligated to enter into a collective bargaining agreement.
6. Post-Election Period:
- After the election results are certified, there is a brief period during which either party can file objections or request a review of the election process. If no objections are filed or if objections are dismissed, the outcome of the election becomes final.
It's important to note that the specific procedures and timelines for voting out a union before signing a contract may vary based on the jurisdiction and applicable labor laws. Employees and employers should consult with legal counsel to ensure compliance with legal requirements and to protect their respective rights.