Disaffiliation

The end result of a disaffiliation is the same as forming an independent union; it just uses a different process to get there. Instead of forming a new independent union from scratch, disaffiliation involves the existing local union leadership and members deciding to cut ties with the national, state and/or regional union affiliates. If successful, the local union retains its legal status and identity, but is no longer governed by national or state union bylaws and no longer pays any dues, per capita taxes, or affiliation fees to these entities.

• Disaffiliation is less disruptive than changing to an independent union as the existing local union can continue to exist and function as before, even under the same leadership, just without any legal or financial ties to the state or national affiliates. As opposed to creating a new independent union from scratch, disaffiliation generally allows local unions to retain some or all their assets.
• However, while the process of changing or decertifying a union is determined by state law and administered by a government labor board, the procedures for disaffiliation are governed by the bylaws of the state and/or national union affiliates, which are often written specifically to make disaffiliation difficult.
• While decertifying or changing unions happens at the “bargaining unit” or workplace level and all employees are eligible to participate in the election, disaffiliation is voted on only by members of the local union, which may work at multiple employers. Because a disaffiliation vote is treated as an internal union matter and conducted under the auspices of the union’s bylaws, participation is usually restricted to union members.
• Depending on state law, a local union that has disaffiliated from its parent union may also need to win a state-run union representation election to reaffirm its status as the employees’ legal representative.
• Unlike petitions to decertify or change unions, disaffiliation can generally be initiated at any time.
• Disaffiliation could make sense if local union leadership is leading the effort, there is supermajority support among employees for disaffiliation, and the local union has consequential assets it wants to retain. Otherwise, forming an independent union is more likely to succeed.