A decertification petition is the vehicle whereby a group of employees in an established bargaining unit or an employee organization may bring about an election which allows employees to vote to either remove or replace their incumbent “exclusive representative.” (The “exclusive representative”is the employee organization that has been recognized or certified to represent the employees in the bargaining unit in their employment relations with the employer.)
To terminate the union’s right to represent you and your fellow employees. This procedure provides you with full relief by taking away the union’s authority to act as your bargaining representative. If you are a part of the employee union that is covered under a collective bargaining agreement (whether you are a union member or not) you can still sign a petition and participate in the vote for decertification. Once the union is removed as your legal bargaining representative you no longer have to join the union or pay dues or fees to it.
The Decertification Petition was filed on January 6, 2020 and posted in the copy room for teachers to see. (click here to see what was posted). The petition contains signatures of more than enough employees at Gompers Preparatory Academy to trigger secret-ballot election.
In a few weeks unit members will receive a letter from PERB letting them know of the process and soon after a secret ballot that will give you two options. One is Yes keep the SDEA and the second is NO do not keep the SDEA as the exclusive representative. We the parents, community members and teachers of Gompers Preparatory Academy are asking you to vote NO do not keep the SDEA as the exclusive representative.
1. Hold a secret-ballot election. PERB then sets up a secret-ballot election in response to the petition document. PERB will determine the appropriate group of people to vote in the election—a determination that unions and employers sometimes dispute, which can lead to delays in holding the election. We are aware that the SDEA filed preemtive blocking charges in December, which could delay the vote.
2. Act in response to the results of the election. If 50% or more of the unit members vote against union representation, the SDEA will no longer have representation rights and the employees will once again be able to deal directly with the Leadership on issues related to pay, benefits and working conditions.