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Section 504 - Modification of Units

504.1 - General Purpose 

A petition for unit modification of either a compensation or non-compensation unit may be filed by a labor organization, by an employing agency or jointly. A unit modification may be sought for any of the following purposes: 

(a) To reflect a change in the identity or statutory authority of the employing agency;

(b) To add to an existing unit unrepresented classifications or employee positions created since the recognition or certification of the exclusive representative; 

(c) To delete classifications no longer in existence or which, by virtue of changed circumstances, are no longer appropriate to the established unit; or 

(d) To consolidate two (2) or more bargaining units within an agency that are represented by the same labor organization.

 

504.2 - Requirements 

A petition for unit modification shall meet the requirements of Section 501 of these rules and shall also include the following: 

(a) The names and addresses of all labor organizations and agencies affected by the proposed change; 

(b) A description of each existing unit and the proposed unit, including the name and address of the employer, the number of employees in the existing and proposed units, and the personnel and payroll classifications of the employees; 

(c) The date of recognition or certification of each labor organization for the affected units; 

(d) A copy of the documentation evidencing any existing recognition or certification; and 

(e) A statement setting forth the specific reasons for the proposed modification.

 

504.3 - Notice - Contents 

Upon the filing of a petition for unit modification, the Executive Director shall prepare an official Notice to be posted conspicuously on employee bulletin boards for employees affected by the proposed unit modification. The Notice shall be posted within ten (10) days of the Board's transmittal of the Notice and shall remain posted for fifteen (15) days thereafter. The Notice shall indicate the following: 

(a) The party or parties who filed the petition or initiated the proceedings; 

(b) The names and addresses of all labor organizations that would be affected by the proposed modification; 

(c) The existing and the proposed unit descriptions; 

(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, any labor organization or person that would be affected may file written comments. Any affected labor organization may file within said fifteen (15) days, with the Executive Director, a request to intervene concerning the proposed modification.

 

504.4 - Comments and Request to Intervene 

All comments or requests to intervene shall meet the requirements of Section 501 of these rules.

 

504.5 - Action by Board 

Upon the filing of a petition pursuant to Section 504 of these rules, the Board shall direct such preliminary investigation as it deems necessary and thereafter shall take appropriate action which may be 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; or 

(e) Granting the modification sought.

 

504.6 - Hearings 

Hearings under Section 504 of these rules shall be investigatory and not adversarial. The purpose of Hearings under this section 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.