Are there restrictions on when a decertification election can be held?

The National Labor Relations Board allows for an initial presumption that a union has the majority support of the bargaining unit for one year following its certification. This restriction allows employees a reasonable amount of time to determine whether the union is an effective representative without the union's having to contend with a challenge to its majority status.

Where the union represents employees of a successor employer that hired another employer's unionized staff after taking over its operations, the union enjoys a rebuttable presumption of support for a one-year period. However, this presumption will not restrict the filing of a decertification petition by employees seeking to remove the union.

The NLRB also applies a contract-bar rule to determine whether a contract between an employer and a union bars an election for decertification or a representation petition by a rival union. An existing collective bargaining agreement between the employer and the union that is valid for three years or less will bar a decertification election for the duration of the contract.

Finally, the National Labor Relations Act prohibits the NLRB from conducting more than one election per year in any bargaining unit. Therefore, once a decertification election has taken place, its results are valid and will not be challenged through another election for at least one year. This policy is aimed at achieving stability in collective bargaining relationships.