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Section 502 - Exclusive Recognition and Non-compensation Unit Determination

502.1 - Recognition Petition - Contents 

A labor organization seeking exclusive recognition as the representative for an appropriate unit shall file a "Recognition Petition"; which in addition to meeting the requirements of Section 501 of these rules shall include the following:

(a) A description of the proposed unit including the name, address, and telephone number of the employing agency (and agency subpision, if any), the number of employees in the proposed unit, and the general classifications of employees;

(b) The name, address and telephone number of any other labor organization known to the Petitioner that claims recognition as a representative of any employees in the proposed unit;

(c) A statement as to whether there is a collective bargaining agreement in effect covering the proposed unit or any part of it, including the effective date and expiration date of any such agree-ment;

(d) A roster of the Petitioner's officers and representatives, a copy of its constitution, its articles of incorporation and bylaws, if any, and a statement of its objectives. The Petitioner shall include a statement that the petitioning labor organization subscribes to the standards of conduct for labor organizations, as set forth in the Comprehensive Merit Personnel Act of 1978, DC Law 2-139 and 1703; DC Code Sec. 1-618.3.

502.2 - Showing of Interest - Form 

A petition for exclusive recognition shall be accompanied by proof, not more than one (1) year old, that at least thirty percent (30%) of the employees in the proposed unit desire representation by the Petitioner. Forms of evidence may include the following:

(a) Current dues deduction authorizations;

(b) Notarized membership lists;

(c) Membership cards;

(d) Inpidual authorization cards or petitions signed and dated by employees indicating their desire to be represented by the labor organization; or

(e) Other evidence as determined appropriate by the Board.

502.3 - Alphabetical List/Employer Comments 

Upon receiving a copy of the recognition petition, the employing agency shall prepare an alphabetical list of all employees in the proposed unit for the last full pay period prior to the filing of the petition. This list, along with any comments concerning the petition, shall be transmitted to the Board within twenty (20) days of the agency's receipt of the petition.

502.4 - Showing of Interest - Determination 

The adequacy of the showing of interest shall be determined administratively by the Board or its designee. While signed and dated authorization cards, in accordance with subsection 502.2, will always be accepted as adequate evidence, other forms of evidence may be considered adequate by the Board as prescribed under Subsection 502.2 above and 502.8(a) below. The showing of interest determination shall not be subject to appeal.

502.5 - Showing of Interest - Confidentiality 

The Board shall maintain the confidentiality of the showing of interest submitted in support of a petition filed under this section or Section 505 of these rules and this evidence shall not be available for public access.

502.6 - Notice - Contents 

Provided that the requirements of Subsections 502.1, 502.2, and 502.3 of these rules are met, the Executive Director shall prepare a Notice to be posted by the employing agency in conspicuous places on all employee bulletin boards at work sites of employees in 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. The Notice shall include the following:

(a) The name of the petitioner;

(b) A description of the proposed unit;

(c) The date the notice was posted;

(d) The name of any other labor organization currently representing employees in the proposed unit; and

(e) The requirements for intervention by any other labor organization.

502.7 - Intervention - General 

A labor organization may file an intervention petition within the period required by the Notice and said petition shall contain the same information as required under Subsection 502.1 of these rules.

502.8 - Intervention Petition - Contents 

Intervention petition(s) shall be accompanied by the following:

(a) A showing of interest that at least ten percent (10%) of the employees in the bargaining unit set forth in the petition for exclusive recognition wish to be represented by the intervening labor organization, unless a different unit is proposed by the intervenor, in which case a showing of interest of at least thirty percent (30%) shall accompany the intervenor's petition; or

(b) Where applicable, a statement that the intervenor is the incumbent exclusive representative of the employees in the proposed unit. The incumbent labor organization shall be allowed to intervene as a matter of right without submitting any showing of interest.

502.9 - Conditions Barring Petitions for Exclusive Recognition 

A petition for exclusive recognition shall be barred if:

(a) During the previous twelve (12) months, a valid majority status determination has been made for substantially the same bargaining unit, or if during this same period a certification of representative has been issued, or the Board has determined the compensation unit placement, whichever is later.

(b) A collective bargaining agreement is in effect covering all or some of the employees in the bargaining unit and the following conditions are met:

(i) The agreement is of three years or shorter duration; provided, however, that a petition may be filed between the 120th day and the 60th day prior to the scheduled expiration date or after the stated expiration of the contract; or

(ii) The agreement has a duration of more than three years; provided, however, that a petition may be filed after the contract has been in effect for 975 days.

502.10 - Action by Board 

Upon the filing of a petition pursuant to Subsections 502.1 or 502.7 of these rules, the Board shall direct such preliminary investigation as it deems necessary and thereafter shall take appropriate action which may include any one or more of the following:

(a) Approving a withdrawal request;

(b) Dismissing the petition;

(c) Conducting an informal conference;

(d) Holding a hearing;

(e) Taking an action as prescribed by Sections 512 and 513 of these rules.

502.11 - Hearings 

Hearings under Subsection 502.10(d) of these rules are investigatory and not adversarial. The purpose of hearings under Section 502 of these rules shall be to develop 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.

502.12 - Certification Without Election 

If the choice available to employees in an appropriate unit is limited to the selection or rejection of a single labor organization, the Board may permit the employing agency to recognize the labor organization without an election on the basis of evidence that demonstrates majority status (more than 50%), such as documentary proof not more than one (1) year old, indicating that employees wish to be represented by the petitioning labor organization. In case of voluntary recognition by the employer, the Executive Director shall review the evidence of majority status and shall recommend to the Board whether certification should be granted without an election.

502.13 - Direction for Election 

If the choice available to employees in an appropriate unit includes two (2) or more labor organizations, the Board shall order an election in accordance with these rules.