Current through Register Vol. 48, No. 38, September 20, 2024
a) A
representation petition may be filed by:
1) an
employee, a group of employees, or an employee organization; or
2) an employer alleging that one or more
labor organizations have presented a claim to be recognized as an exclusive
bargaining representative of a majority of the employees in an appropriate unit
and that it doubts the majority status of any of the organizations or that it
doubts the majority status of an exclusive representative (Section 7(c)(2) of
the Act).
b)
Representation petitions shall be signed by a representative of the petitioning
party and shall contain:
1) the name and
address of the employer;
2) the
name, address, and affiliation, if any, of the employee organization;
3) a description of the proposed bargaining
unit which petitioner claims to be appropriate;
4) the approximate number of employees in the
proposed bargaining unit;
5) the
name of any existing exclusive representative of any employees in the proposed
bargaining unit;
6) a brief
description of any collective bargaining agreements covering any employees in
the proposed bargaining unit, and the expiration dates of the
agreements;
7) the date that the
employer recognized any existing exclusive representative of any employees in
the proposed bargaining unit, and the method of recognition;
8) election and/or recognition history prior
to January 1, 1984, to the extent known;
9) in the case of a petition filed by an
employee, a group of employees, or an employee organization, a statement
whether the petitioner intends to use the majority interest procedure or the
election procedure;
10) in the case
of a petition filed by an employer, a statement that one or more employee
organizations has demanded recognition and that the employer doubts either
their majority status or the continued majority status of the existing
representative.
c) The
Board shall serve the representation petition on the appropriate parties.
1) Employer petitions shall be served on the
employee organizations that demanded recognition, and on the existing exclusive
representative, if any.
2) Employee
and employee organization petitions shall be served on the employer and on the
existing exclusive representative, if any.
d) Employee and employee organization
petitions seeking an election shall be accompanied by a showing of interest
that at least 30 percent of the employees in the petitioned for bargaining unit
wish to be represented by the employee organization. Employee and employee
organization majority interest petitions shall be accompanied by a showing of a
majority interest.
e) A petition
may seek joint representation by two or more employee organizations if an
instrument, such as a joint council, has been established to effectuate the
joint representation. In such instances, the petition shall describe the
instrument.
f) A petitioner may
withdraw a representation petition seeking an election as follows:
1) If there are no intervenors, at any time
prior to the direction of an election.
2) If there are no intervenors, at any time
after the direction of an election, but prior to the election. However, such
withdrawal shall bar the petitioner from petitioning for an election or filing
a majority interest petition in a bargaining unit covering all or part of the
petitioned for unit for one year following the withdrawal.
3) If there are intervenors, the employee
organization may not withdraw its petition without the consent of all parties.
However, the employee organization may file a statement signed by its
authorized representative that it no longer wishes to appear on the ballot. The
statement shall be filed no later than ten days prior to the election. Upon
receipt of such a statement, the Board shall strike the employee organization's
name from the ballot.
g)
A petitioner may withdraw a majority interest petition as follows:
1) If there are no intervenors, at any time.
However, if the petitioner withdraws the petition after the Board has
determined that there is clear and convincing evidence of fraud or coercion in
obtaining the showing of interest, such withdrawal shall bar the petitioner
from filing a representation petition in a bargaining unit covering all or part
of the petitioned for unit for one year following the withdrawal.
2) If there are intervenors that meet the
requirements of Section
1110.105(q)
and Section
1110.80(b)
of this Part, the employee organization may not withdraw its petition without
the consent of all parties. However, the employee organization may file a
statement signed by its authorized representative that it no longer wishes to
appear on the ballot. The statement shall be filed no later than 10 days prior
to the election. Upon receipt of such a statement, the Board shall strike the
employee organization's name from the ballot.
h) Failure to complete the petition by
listing all of the information contained in subsection (b) of this Section
shall not be grounds for dismissal of the petition so long as the unlisted
information is available from any other party. A petition seeking an election
may be revised by the filing party at any time prior to a hearing or agreement
to a consent election. A majority interest petition may be revised by the
filing party within 21 days after service of the petition. Notice of any
revision shall be served upon all other parties.
