Introduction

Decertification basically means getting rid of a Union. It happens when a majority of employees no longer support the union or don't want the union to represent them. If you can prove this you can decertify the union. But, there are a few rules you need to follow.

Using our step-by-step instructions, you should be able to decertify your union. If you need help, go to our Contacts pages and get in touch with someone listed there. By the way, others may call decertification "revocation of bargaining rights" or "termination of bargaining rights".

In Prince Edward Island removing a union (decertification) is officially called "revocation of certification".

Time Your Decertification

You can only apply to decertify the union during an open time period. Also, unless the Prince Edward Island Labour Relations Board agrees, you cannot apply during a legal strike or lockout. Otherwise, the open time periods are:

No First Collective Agreement

• 10 months after certification (date you were unionized), if no Collective Agreement has been negotiated.

No Renewal Collective Agreement

• 10 months after any collective agreement expires, unless it is renewed automatically or in bargaining.

Collective Agreement 2 Years or Less in Length

• Within the last 2 months of a collective agreement that is 2 years or less in length.

Collective Agreement More Than 2 Years in Length

• Where a collective agreement is in force and is for a term of more than 2 years, the application may be made only after the start of the 23rd month and before the start of the 25th month and during the 2 month period immediately before the end of each year the agreement continues to operate (for example the 35th and 36th months, the 47th and 48th months and after the start of the last 2 months of the collective agreement (which may be a full or partial 12 months).

Collective Agreement That Renews Without Collective Bargaining, Without Ratification by Employees

• Within the last 2 months of a collective agreement; if the collective agreement is for a term of at least 2 years (24 months), also during the last 2 months of each year of the collective agreement after the first year (the 23rd and 24th months, the 35th and 36th months, the 47th and 48th months, etc.); and if the collective agreement says it continues to apply after its expiry date unless the union or employer gives notice to end it or renegotiate it, then also during the last 2 months of each year it is continued.

Get the Forms

You must make your application in writing and need to use a specific application form (Form 7).

Because you need to prove most of your coworkers don't support the union, you need to collect their names and signatures. Use a petition form or individual employee letters. In our opinion, petitions are easier to use.

You can get copies of these forms along with a copy of these instructions in the Downloads section. Alternatively, click here to view the form for Prince Edward Island.

Avoid Mistakes

To succeed, you may have to show that your employer wasn't involved in decertifying the union. So, you should make sure that:

• it was not your company's idea to start the application, your application or the purpose of the application was not discussed with anyone from management of your company,
• no one from management offered anyone any reward or benefit for starting or continuing the application,
• no one from management threatened anyone, if they would not support the application, and
• you have not been led to believe your application will be funded in whole or in part by your company.

Build Support

You should not use threats or promises or pressure to get fellow employees to sign whatever evidence of support you chose, Individual Decertification Form or a Petition. You should think of one or two good reasons why you believe the union should be decertified. A businesslike and friendly approach works best. Remember, once 50%+1 of your group sign support and you file your Application, there will hopefully be a secret ballot vote, supervised by the Labour Board, where every employee in the group can vote in private. Not everyone who signs in support will necessarily vote for decertification, but some who are reluctant to sign may vote for decertification in the secret ballot vote.

You will need to collect the names and signatures of your coworkers as possible. By the way, you may have to prove the signatures on your petition were given "freely" and "voluntarily."

Make sure signatures are not be gathered during working hours; however, they can be collected when you and the person signing are on break or before or after work. Also, make sure everyone who is signing the document is given a chance to read it first.

Prepare the Forms

To properly complete your application form, you will need:

• The name, address, and phone number of the applicant, your contact person, the union, and your employer.
• The start date and expiry date of your collective agreement.
• The date the union was certified and a copy of the certification order (check with the PEILRB).
• A description of your "bargaining unit" (see a copy of your collective agreement).
• A brief description about what kind of business your company is involved in.

Once you complete the forms, you need to have a Commissioner of Oaths witness your signature and sign them. If you don't know where to find a Commissioner of Oaths, contact a lawyer since they are also Commissioners of Oaths in your province.

Deliver the Forms

You can send your decertification documents (your application and petition) by fax, hand-delivery, courier or even registered mail. But, the best way is by fax.

Conclusion

Once the PEILRB gets your application, it'll contact the union and your company to inform them about your application. The union and the company will send a reply to the PEILRB.

Next, the PEILRB will review your application. The PEILRB almost always looks at the "voluntariness" of applications. It'll look to see if your company was involved in any way. If the PEILRB has concerns, your spokesperson will have to address them at a hearing.

If the PEILRB agrees your application was voluntary, it was made at the right time and has enough employee support , the PEILRB will call a vote of all employees. If a majority of employees vote for decertification, your application will be successful and the union will be decertified. On the other hand, if the PEILRB is satisfied a majority of the employees support your application, it may decertify the union without a vote.