Current through August 30, 2024
(a) A petition for
certification of public employee representative filed by a labor or employee
organization must contain the following information:
(1) the name, title, address, and telephone
and facsimile machine numbers of the public employer's contact
person;
(2) a description of the
bargaining unit claimed to be appropriate for purposes of exclusive
representation by the petitioner that generally identifies the work locations
and the classifications of employees to be included or excluded and the
approximate number of employees in the unit;
(3) a statement that 30 percent of the
employees in the proposed bargaining unit want to be represented by the
petitioner for collective bargaining purposes;
(4) the name, address, telephone and
facsimile machine numbers, and affiliation, if any, of the
petitioner;
(5) a copy of the
petitioner's constitution, bylaws, and current roster of officers and
representatives;
(6) any other
relevant facts;
(7) a declaration
by the person signing the petition that its contents are true and correct to
the best of that person's knowledge and belief; and
(8) the signature, title, and telephone and
facsimile machine numbers of the petitioner's representative.
(b) In addition to the
requirements of (a) of this section, if a petition for certification proposes
to sever a bargaining unit from an existing bargaining unit, the petition must
state
(1) why the employees in the proposed
bargaining unit are not receiving adequate representation in the existing
unit;
(2) whether the employees in
the proposed bargaining unit are employed in jobs that have traditionally been
represented in the same unit;
(3)
why the employees in the proposed unit have a community of interest that is not
identical with that of the employees in the existing unit;
(4) how long the employees in the proposed
bargaining unit have been represented as part of the existing unit;
and
(5) why the grant of the
petition will not result in excessive fragmentation of the existing bargaining
unit.
(c) A petition for
certification must be accompanied by a showing of interest of not less than 30
percent of the employees in the proposed unit. The showing of interest must be
documented by written authorization cards or forms that
(1) are signed and dated by the employees
during the 120 days immediately preceding the filing of the petition and
include the employees' job classifications and position control numbers where
applicable; and
(2) authorize the
petitioner to represent the employees for collective bargaining
purposes.
(d) The labor
relations agency will consider a petition substantially fulfilling the
requirements of this section.
Authority:AS
23.05.380
AS 23.40.090
AS 23.40.100
AS 23.40.170
AS 42.40.740
AS 42.40.750
AS
42.40.820
