The decertification process is simple and can easily be accomplished by any group of teachers who are interested in making it happen. Here are the basic steps:
The First Step: File a Petition
The First step is to file a showing of interest petition that shows at least 30% of your bargaining unit wants to have a decertification election. The petition itself is not complicated and any number of forms will work. Here are 2 examples of petitions that work just fine. * link pending
The timing of the petition is important. The petition must be filed in a twenty-nine day window that is 90 to 120 days prior to the expiration of your MOU. For example, if your CBA (otherwise known as your MOU or Memorandum on Understanding) expires on June 30th, the petition must be filed sometime during the month of March.
The Second Step: The Election
Once the petition has been filed, PERB will review it and contact you regarding scheduling and election. PERB will conduct a ballot election where a simple majority determines the outcome the ballot typically includes the names of both the incumbent union and the new petitioning employee organization.
The Third Step: You’re Up and Running
Since the majority of the teachers in your Association voted to be independent, you are now up and running. Your G&A support team and their lawyers will be there to help you through every step along the way.
If I want to know to know more about the decertification process, where do I look?
Good Question. The whole decertification process is determined by State Law. The Educational Employees Relations Act (EERA) governs employee relations within the public school systems of the State of California. The Public Employment Relations Board (PERB) administers and enforces the EERA including all decertification elections. The EERA is contained in Government Code Section 3544, et al. The PERB website also has a lot of useful information. That website is http://www.perb.ca.gov
How will we know if we are doing it right?
We will be here to help you and advise you through every step of the process. We have successfully decertified dozens of units from large Unions. We won’t leave you to do this on your own. Call us at 888-993-1600 now, to learn how to make a huge difference to the teachers in your district or email us here. But Hurry!… if your contract expires this year or next- timing is critical.