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  1. #11
    Getting In The Groove Now.

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    Default Re: Trying to remove the union

    Quote Originally Posted by Foster1662 View Post
    Brian Lundgren is out of the same law office as John Payne.
    A decertification election has only one purpose and effect: to remove the union as the “exclusive bargaining representative” of the employees. A decertification election is different from a "deauthorization" election. A deauthorization election has only one purpose and effect: to remove the “union security ” forced-unionism clause from the contract. In a deauthorization election, the union remains as the exclusive bargaining representative, and the collective bargaining agreement remains in effect, except for the forced unionism clause.

    The National Labor Relations Board maintains many rules governing when employees can file for a decertification election. The first rule is the "certification bar," which holds that petitions for a decertification election cannot be filed for 1 year after a union wins an NLRB conducted election.

    Another important rule is the "contract bar," which holds that petitions for a decertification election cannot be filed during the first 3 years of a collective bargaining agreement, except for during a certain 30-day "window period." In most workplaces, the 30-day “window period” for filing a decertification petition with the NLRB occurs 60 to 90 days prior to the expiration date or 3 year anniversary of the contract, whichever comes first. In the health care industry (such as hospitals), the 30-day “window period” occurs 90 to 120 days prior to the expiration date of the contract or 3 year anniversary of the contract, whichever comes first.

    A decertification petition can also be filed anytime after a contract expires or becomes more than 3 years old. However, if your employer and the union enter into a successor contract, the new contract will begin another 3 year "contract bar" on decertification elections. Thus, if you miss the "window period" for filing a petition for a decertification election, you may have to wait for another 3 years to request a decertification election.

    Most employees prefer a workplace where they are free to discuss their terms and conditions of employment directly with the employer, without intervention by a third-party. They also prefer a workplace in which union membership and the payment of dues is voluntary, as this forces the union hierarchy to be more accountable to the rank-and-file workers. Instead of relying on threats, intimidation, and even firings to gain financial support, union officials have to sell the benefits of union membership to the individual employees.

    Under the National Labor Relations Act, if 30% or more of the employees in a bargaining unit sign a Decertification Petition, the National Labor Relations Board will conduct a secret ballot election to determine if a majority of the employees wish to decertify the union and stop it from any further “exclusive representation.” If the petitioning employees win that election, then the company becomes nonunion and all employees are free to bargain on their own, and negotiate their own terms and conditions of employment. Moreover, if 50% or more of the employees in a bargaining unit sign a petition that they no longer want to be represented by the union, the employer can withdraw recognition without an election if it wishes to do so. (Except where the contract bar applies, as discussed above.)

    The petition must be an employee effort. Employer assistance is unlawful and, if there is any, the union will nullify the effort by filing an unfair labor practice charge.

    HOW TO GET STARTED: First, employees should assess the strength of support for decertification within their specific bargaining unit. Usually, is it not worth calling for such an election unless the petitioning employees believe they will be able to garner the support of a majority of their fellow employees. The petitioning employees will need the votes of a majority of those employees who show up to vote on election day.

    In order to proceed, employees should collect signatures on a petition which reads something like the following:

    Here is how it was done. He is to have signed petitions from all locations showing they are requesting decertification.

    This is from the National right to work website.

  2. #12
    Solidarity Sister

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    Default Re: Trying to remove the union

    So do you really think that this person went to every single terminal to get these petitions signed? And if it is illegal for the company to be involved why is the same attorneys office handling this? This smells very foul if you ask me. Doesn't shock me though either. I do not work for OHFL so I don't know what it is like on the inside so I am asking, do you think there is 30% that don't want the union to represent??

  3. #13
    Graybeard

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    Nov 2008
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    OHFL
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    Washington
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    Default Re: Trying to remove the union

    Quote Originally Posted by RedRollingRoadblock View Post
    Is that the same Ray that was a wanna-be dispatcher? I do not understand how Brian could file for all the different terminals. Logic would tell me that in order to file for a certain barn you would have to be employed there. But then again it is the government I am talking about.
    Yes that is the same (always the drivers fault) central dispatch wanna-be, sorry for the confusion on other name.

  4. #14
    Getting In The Groove Now.

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    Nov 2008
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    Oak Harbor Freight
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    USA
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    Default Re: Trying to remove the union

    I can not understand this BS. The VPs want this company out of business. We would have all been making money had they paid for everything and give us each a $10,000 signing bonus. Some people will never understand greed gets you nowhere!

  5. #15
    Getting In The Groove Now.

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    Aug 2008
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    Reddaway
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    Puyallup, Wa
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    Default Re: Trying to remove the union

    I thought Oak Harbor members were all in one collective bargaining unit. How can they leave out a certain group (Portland) from the decert? I would also think that this would be a pool vote of everyone not just each individual terminal.

    Either way this isn't going to happen. I can't believe that there is 30% to sign the petition let alone 50% + 1 to lose the election. These people did not sit on a picket line for 5 months to then go and decert.

  6. #16
    Getting In The Groove Now.

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    Feb 2009
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    ABF
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    Seattle, WA
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    Default Re: Trying to remove the union

    The following 22 states are right-to-work states:

    Alabama
    Arizona — (established by state's Constitution, not by statute)
    Arkansas — (established by state's Constitution, not by statute)
    Florida — (established by state's Constitution, not by statute)
    Georgia
    Idaho
    Iowa
    Kansas
    Louisiana
    Mississippi
    Nebraska
    Nevada
    North Carolina
    North Dakota
    Oklahoma — (established by state's constitution, not by statute)
    South Carolina
    South Dakota
    Tennessee
    Texas
    Utah
    Virginia
    Wyoming

    It just looks like the west coast states WA, OR, and CA do not fall in the right to work states that O.H. services

  7. #17
    Solidarity Sister

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    Default Re: Trying to remove the union

    Quote Originally Posted by 174 Member View Post
    I thought Oak Harbor members were all in one collective bargaining unit. How can they leave out a certain group (Portland) from the decert? I would also think that this would be a pool vote of everyone not just each individual terminal.

    Either way this isn't going to happen. I can't believe that there is 30% to sign the petition let alone 50% + 1 to lose the election. These people did not sit on a picket line for 5 months to then go and decert.
    I just hope that our brothers and sisters that sacrificed on the line can hold this line as well!!

  8. #18
    I Am Rocking Now

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    May 2008
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    Retired; OHFL
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    Oregon
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    Default Re: Trying to remove the union

    Quote Originally Posted by 174 Member View Post
    I thought Oak Harbor members were all in one collective bargaining unit. How can they leave out a certain group (Portland) from the decert? I would also think that this would be a pool vote of everyone not just each individual terminal.

    Either way this isn't going to happen. I can't believe that there is 30% to sign the petition let alone 50% + 1 to lose the election. These people did not sit on a picket line for 5 months to then go and decert.
    Several years ago Bend, OR went union. Then the company managed to slowly get rid of the union supporters (thanks in part to the lack of action of the BA) then they managed to decert. So I would think that any one barn could decert at any time.

    As far as Portland not being in the group it is rather interesting. I would doubt that there is enough scabs left to swing the vote to the non side. I would think Auburn would be the same. I think they had less crossers than Portland. As far as the other terminals there is a good chance, especially at the smaller ones, that there is enough "core" members to swing the vote.

    Now if you want to read something that will make your bowels churn, your face turn red and your blood pressure rise to unsafe levels and generally piss you off read Truck Drivers and Dockworkers Fight Back Against Teamster Union Intimidation | National Right to Work Legal Defense Foundation

  9. #19
    I Am Rocking Now

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    Default Re: Trying to remove the union

    Quote Originally Posted by RedRollingRoadblock View Post
    ...Now if you want to read something that will make your bowels churn, your face turn red and your blood pressure rise to unsafe levels and generally piss you off read Truck Drivers and Dockworkers Fight Back Against Teamster Union Intimidation | National Right to Work Legal Defense Foundation
    And leave a comment.

  10. #20
    Getting In The Groove Now.

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    Feb 2009
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    Seattle, WA
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    Default Re: Trying to remove the union

    I read the story and I left a short comment. The audacity of that story totally giving only one side. I have never heard of that organization before but they seem to have tabloid reporters. They just throw out terms to get a response. The term they over use "union bosses", that really gets me.

 

 
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