When employees collectively decide that they no longer wish to be represented by a union, they have the ability under the National Labor Relations Act (NLRA) to vote to revoke union representation at their workplace.  This process, known as a decertification, is expressly intended for workers to initiate, not employers.  While it is illegal for employers to orchestrate a decertification election to rid employees of their union, they can use their position of power to break the law with little fear of the consequences. 

Workers at Pearson Educational, Inc. in Indianapolis have been in limbo since they voted for union representation six years ago.  It all started in June of 1998, when a majority of warehouse and distribution workers chose union representation.  Instead of accepting the results of the election and negotiating wages, benefits, and working conditions with its employees, the company chose to appeal, resulting in a delay that stalled bargaining for years.  On July 6, 2004, the appeals process was exhausted, the result of the election was confirmed, and the company was finally ordered to bargain six years after the workers voted for union representation.

What would prevent a corporation from lying to shareholders about profits if its only punishment was to promise it wouldn't lie again?  Sadly, when a company violates labor law, often the company's only punishment is to post a notice promising not to break the law again.  With remedies like this, there is little to deter employers from violating labor law.  In May 2004, the NLRB ordered just such a remedy, and if anything, it sent a message to nurses in Albany, NY, that the law does little to protect their rights. 

On September 18, 2003, workers at New York Display & Die Cutting Corp. cast ballots to decide on union representation.  Yet even with just 26 ballots cast, it wasn’t until June 3, 2004—more than eight months after the election—that the results were announced. The workers at the sign and display production company expected and deserved a swift resolution, but were instead forced to hold their breath awaiting the election outcome. 

David Snead worked for Hewlett Packard (HP) for years with a clean work record.  Then in February 2002, he discussed the idea of forming a union with his co-workers. Not long after his supervisors learned of David’s efforts to organize a union, they illegally fired him for misconduct he had not committed, according to a recently issued decision of the National Labor Relations Board (NLRB).