503.1 - Filing of Petition
An agency, a labor organization or a group of labor organizations may file a "Petition for Compensation Unit Determination" seeking a determination of an appropriate unit for the purpose of negotiations for compensation.
503.2 - Proceedings Initiated by Board
The Board may on its own motion initiate proceedings for the determination of units for compensation bargaining absent the filing of a petition by any party.
503.3 - Petition - Contents
A petition for the determination of a compensation unit shall meet the requirements of Section 501 of these rules and shall also include the following:
(a) The name and address of each personnel authority, agency and labor organization that may be affected by the petition;
(b) A description of the proposed unit, setting forth the numbers and types of employees to be included;
(c) A list of the pay, retirement and other compensation systems to be included in the proposed unit; and
(d) A showing that the proposed unit consists of broad occupational groups so as to minimize the number of pay systems.
503.4 - Notice - Contents
Upon the filing of a petition or commencement of proceedings by the Board on its own motion for the determination of a compensation unit, the Executive Director shall prepare an official Notice to be posted conspicuously on employee bulletin boards for employees affected by the proposed unit. The Notice shall be posted within ten (10) days of the Board's transmittal of the Notice and shall remain posted for fifteen (15) consecutive days thereafter. The Notice shall indicate the following:
(a)The party or parties that filed the petition or initiated the proceedings;
(b) Each labor organization that might be affected by the proposed unit;
(c) The proposed unit description;
(d) A list of the compensation systems proposed to be included;
(e) The date the Notice was posted; and
(f) A statement that within fifteen (15) days after posting of the Notice of a petition or proceedings for an appropriate compensation bargaining unit, any interested labor organization or person may file written comments. A labor organization may submit a request with the Executive Director to intervene concerning the proposed unit. Any comments or requests to intervene shall meet the requirements of Section 501 of these rules.
503.5 - Notice - Recognized Labor Organizations
The Executive Director shall transmit a copy of the Notice to each labor organization that has exclusive recognition for any employees in the proposed unit and to each affected agency or its representative.
503.6 - Intervention
Any labor organization that has exclusive recognition for any employees in the proposed unit shall be permitted to intervene.
503.7 - Preliminary Investigation
Subsequent to the filing of a petition or upon commencement of a proceeding, the Board shall order such preliminary investigation as it deems necessary.
503.8 - Action by Board
In making its determination regarding an appropriate compensation unit the Board may take any one or more of the following actions:
(a) Approving a withdrawal request;
(b) Dismissing the petition;
(c) Conducting an informal conference;
(d) Conducting a hearing; or
(e) Granting the petition or determining a unit.
503.9 - Hearing - General Purpose
Hearings under Subsection 503.8 of these rules shall be investigatory and not adversarial. The purpose of hearings under this section shall be to ascertain the facts of the matter(s) at issue by developing a full and factual record upon which the Board may make a decision. The procedures of Sections 550-557 of these rules shall apply to the hearing.
503.10 - Hearings - Conducted by Board or Designate
A hearing for the purpose of taking evidence in a unit determination matter may be conducted by the Board or any individual(s) designated by the Board.
503.11 - Notice of Hearing - Contents
If the Board, pursuant to Subsection 503.8(d) of these rules, decides to hold a hearing, the Executive Director shall issue a Notice of Hearing to each personnel authority, agency, and labor organization that may be affected by the unit determination at least ten (10) days prior to the hearing. The Notice of Hearing shall include the following:
(a) A statement of the time, place and nature of the hearing;
(b) The name of the agency and any other party; and
(c) A description of the proposed unit.