Decertification - See RSA 273-A:10, A:11, Pub 301.01, Pub 301.03

Employees seeking a decertification election must file a Petition for Decertification subject to the requirements and restrictions stated in RSA 273-A:11, I (b), Pub 301.01 and 301.03.  The Petition for Decertification must be supported by Decertification Cards signed by at least 30% of the employees holding bargaining unit positions. Petitions filed during the term of an existing contract may only be submitted 240 to 180 days prior to the budget submission date in the year the contract expires, and any resulting election must be conducted during the period 180 to 120 days prior to the budget submission date.  Note: contract extension or duration clauses do not apply when calculating these filing dates.  Petitions may be filed any time following a contract’s expiration and before a successor agreement has been reached.  If the PELRB approves the request for an election and a majority of the eligible employees who vote choose no representation, the PELRB will issue a decertification order documenting the outcome of the election and the termination of collective bargaining under RSA 273-A.

The PELRB also issues decertification orders pursuant to RSA 273-A:10 and Pub 301.03 for reasons such as the dissolution of the employee organization, a voluntary surrender  of a certification, or cases in which an employee organization has been found, in a judicial proceeding, to discriminate or to have systematically failed to fairly represent its members.  

A final decertification order effectively ends the collective bargaining process, including collective negotiations and existing contracts. 

There is a 12 month election bar in the event a decertification order has issued as the result of a representation election.  However, there is no such bar if the underlying decertification order issued for other reasons.