(1) A public employee or group of public employees which no longer desires to be represented by a bargaining agent may file with the commission a petition to decertify the bargaining agent. The petition must be accompanied by a showing of interest from at least 30 percent of the public employees in the bargaining unit. The showing of interest statements must be signed and dated by the public employees not more than 12 months before the filing of the petition. Any employee, employer, or employee organization having sufficient reason to believe that the showing of interest was obtained by collusion, coercion, intimidation, or misrepresentation or is otherwise invalid shall be given a reasonable opportunity to verify and challenge the showing of interest.
(2)(a) A decertification petition may not be filed regarding the bargaining unit within 12 months after the date the commission issues an order that verifies the results of a certification, recertification, or decertification election covering any of the public employees in the unit.
(b) If a valid collective bargaining agreement covering any of the public employees in the bargaining unit is in effect, a decertification petition may only be filed with the commission at least 90 but not more than 150 days immediately preceding the expiration date of the collective bargaining agreement, or at any time after such agreement’s expiration date but before the effective date of a new collective bargaining agreement. The effective date of a collective bargaining agreement is the date of ratification of such agreement by both parties if such agreement becomes effective immediately or retroactively, or the collective bargaining agreement’s actual effective date if such agreement becomes effective after its ratification date.
(3) The commission or one of its designated agents shall investigate the decertification petition to determine its sufficiency. If the commission finds that the petition is insufficient, the commission must dismiss the petition. If the commission finds that the petition is sufficient, the commission must:(a) Identify the bargaining unit and determine which public employees shall be qualified and entitled to vote in the election held by the commission.
(b) Identify the public employer or employers of the bargaining unit.
(c) Order an election by secret ballot, the cost of said election to be borne equally by the parties, except as the commission may provide by rule. An election conducted by mail ballot must include, subject to appropriation, return envelopes with prepaid postage affixed. The commission’s order assessing costs of an election may be enforced pursuant to this part.
(4)(a) Except as provided in paragraph (b), elections are determined as follows for all decertification petitions filed on or after July 1, 2026:1. If at least 50 percent of the public employees in the bargaining unit as of the date set by the commission participate in the election, and at least 50 percent of the public employees voting in the election vote to decertify an employee organization, the commission must revoke the bargaining agent’s certification for that bargaining unit.
2. If decertification is not selected by at least 50 percent of the public employees voting in the election, and at least 50 percent of the employees who are in the bargaining unit as of the date set by the commission participate in the election, the bargaining agent must retain its certification for that bargaining unit.
(b) Decertification elections involving public safety units are determined as follows:1. If decertification is selected by a majority vote of the public employees voting in the election, the commission must revoke the bargaining agent’s certification for that bargaining unit.
2. If decertification is not selected by a majority vote of the public employees voting in the election, the bargaining agent must retain its certification for that bargaining unit.
(c) Revocation under this section is effective upon the issuance of a final order by the commission or, if the final order is appealed, at the time the appeal is exhausted or any stay is vacated by the commission or a court.
