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Employment Relations Board

HOW TO FILE A DECERTIFICATION PETITION
A Decertification Petition is filed when employees want to discontinue being represented by the labor organization (union) that represents them.
 
Note: If you want to change the labor organization that represents your unit, the new labor organization needs to file a Petition for Representation or Unit Changes (www.oregon.gov/ERB, Forms, How to File a Representation Petition). If you file a Decertification Petition, you will not have any representation and will have to wait at least one year to request new representation.
 
 
How to File a Petition
 
There is no charge to file a petition.  The form can be downloaded from the agency’s website or by calling the agency at (503) 378-6471. Staff can answer your questions regarding procedures and applicable laws and rules. However, they are not permitted to give you legal advice.
 
To download the form, go to the agency website (www.oregon.gov/ERB) and select Forms from the left navigation bar. Scroll down to select the “Petition for Representation or Unit Changes” in either Microsoft Word or PDF format.
 
To file, follow the steps below.
 
  1. Use the “Petition for Representation or Unit Changes” form provided by the Employment Relations Board (ERB) and check the box for “DC—Decertification.”
     
  2. On the reverse side of the Petition, complete Section 2, which requires the name, address, and phone number of the employer and employer’s representative.
     
  3. Fill in Section 3 with the current labor organization’s name and address and the name, address, and phone number of the current labor organization’s representative.
     
  4. Fill in Section 4, which is the bargaining unit description. This information can be obtained from the current contract under the section entitled “Recognition Clause.”
     
  5. Fill in Section 6 with the number of employees in the bargaining unit.
     
  6. Fill in Section 7, with the effective date and expiration date of the contract.
     
  7. Under “Petitioner/Organization,” put in your name and then the following: “on behalf of the employees of [insert name of employer].”
     
  8. Remember to sign next to “Representative’s Signature,” and fill in your address, phone number, fax number, and date.
     
  9. 30 percent of the people employed in the bargaining unit must sign a “showing of interest” form. That form must state that the people who sign it are interested in ending their representation by the labor organization. The showing of interest can be in the form of individual cards or a sign-up sheet similar to the following sample.

    Sample Showing of Interest

     
                We no longer desire to be represented by [name of labor organization] for the
                purposes of collective bargaining with [name of public employer].
     
                Employee                Employee                Date                            Employee Job
                Name (printed)       Signature                Employee Signed        Classification Title
     
     
     

  10.  Mail or deliver the original and one copy of the petition form and the original showing of interest cards or sheet(s) to:

                         Employment Relations Board
                         Old Garfield School Building
                         528 Cottage Street NE, Suite 400
                         Salem, Oregon 97301-3807
 
 
(Note:  If employees want to change which labor organization represents them, the new labor organization can file a “Petition for Representation or Unit Changes” form and mark the box “RC—Certification of Representative.” Instructions are available on the agency’s website by calling the agency at (503) 378-6471.)
 
 
 
 
Form Updated 03/01/08