The Public-Employee Labor Relations Act (PELRA) provides that an employee or group of employees may petition the Bureau of Mediation Services (BMS) requesting that they investigate the employees' desire to decertify an exclusive representative. Such a petition must state that the employees in the unit no longer support the particular union as their exclusive representative. The petition must also be signed by at least 30 percent of the employees in the unit, indicating a lack of support for the current exclusive representative.
If PELRA requirements are met, the BMS will conduct a decertification election. If no other union is involved, the choices would be between the existing exclusive representative and no representation. If another union has received a 30 percent showing of support, the choices on the BMS election ballot would be between the existing exclusive representative, the other union, and no representation. In either case, a simple majority of votes cast would determine the outcome of the decertification election.
The BMS will consider a decertification election only if the exclusive representative has been in place for a period of 12 months or longer. Represented employees who have elected representation within the past 12 months must wait one full year after the election before filing a petition for decertification.