Many of the laws described previously address the issue of union certification. Figure AIV.3 illustrates a simplified version of this process. First, there must be some interest among workers in having a union. Sometimes this interest comes from dissatisfied employees; sometimes it is stirred by professional organizers sent by unions themselves. For example, the United Auto Workers has for years dispatched organizers to promote interest among workers at the Honda plant in Marysville, Ohio. To date, they have had no success in Marysville or in Smyrna, Tennessee, where Nissan built its major U.S. plant. The process unfolds as follows:

1. Defining the bargaining unit. Interested organizers start by asking the NLRB to define the bargaining unit, the group of employees who will be represented by the union. For instance, a bargaining unit might be all nonmanagement employees in an organization or all electrical workers at a certain plant.

2. Gaining authorization. Organizers must then get 30 percent of the eligible workers within the bargaining unit to sign authorization cards requesting a certification election. If less than 30 percent of the workers want an election, the process ends and no election is held.

3. Conducting an election. If the required number of signatures is obtained, however, the organizers petition the NLRB to conduct the election. The NLRB then holds a secret ballot election. If a simple majority of those voting approves the certification, the union becomes the official bargaining agent of eligible employees. If a majority fails to approve certification, the process ends and an election cannot be called again for at least one year.

Figure AIV.3

Certifying a Labor Union

Unions are not necessarily permanent fixtures in a workplace, and if conditions warrant, a union may be decertified. For example, workers may become disenchanted with a union and may even feel that they are being hurt by its presence. They may believe that management is trying to be cooperative while the union is refusing to negotiate in good faith.

Decertification requires two conditions:

1. The union must have served the unit as its official bargaining agent for at least one year.

2. There must be no labor contract currently in effect.

If these conditions are met, employees or their representatives can solicit signatures on decertification cards. If 30 percent of the employees in the unit sign, the NLRB conducts a decertification election. If a majority of those voting favor decertification, the union is removed as the unit’s official bargaining agent. Following decertification, a new election cannot be requested for at least one year.