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Section 505 - Decertification Petition

505.1 - General Purpose 

The purpose of a decertification proceeding shall be to determine whether a majority of the employees in an appropriate bargaining unit maintain their desire to be represented by the existing exclusive bargaining representative.

 

505.2 - Petition Contents 

A petition to decertify an exclusive representative may be filed with the Board by an employer, an employee, or employees in the certified or recognized unit of an agency. The petition shall be served on the exclusive representative and shall state the following: 

(a) The name, address and telephone number of the petitioner and of the petitioner's representative if any. (A Petitioner's representative under this rule may not be a labor organization). 

(b) The name, address and telephone number of the exclusive representative; 

(c) The name, address and telephone number of the employer; 

(d) A specific and detailed description of the bargaining unit including employee classifications or job titles; 

(e) The approximate number of employees in the bargaining unit; 

(f) The date that the exclusive representative was recognized and the method of recognition, if known; and 

(g) A brief description of any collective bargaining agreements covering any employees in the bargaining unit, including the expiration dates of the agreements.

 

505.3 - Filing - Employees(s) 

A petition for decertification filed by an employee shall be accompanied by a showing that at least thirty percent (30%) of the employees in the bargaining unit no longer desire to be represented by the exclusive representative.

 

505.4 - Filing

Employer Assistance An employing agency shall not initiate or assist an employee or group of employees in the filing of a decertification petition.

 

505.5 - Filing - Employer 

A petition for decertification filed by an agency shall be accompanied by a sworn statement and supporting evidence of lack of activity by the exclusive representative.

 

505.6 - Untimely Response 

The exclusive representative shall be given ten (10) days from the date of service of the petition to file a response to the decertification petition. If the exclusive representative does not file a timely response indicating that it desires to continue to represent the employees, the Board may issue a decertification order.

 

505.7 - Timely Response 

If the exclusive representative files a timely response indicating that it desires to continue to represent the employees, and the requirements of Subsection 505.2, 505.3 or 505.5 of these rules have been met, the Board shall order an election to determine majority status.

 

505.8 - Conditions Barring Petition 

Decertification petitions shall not be entertained in the following circumstances: 

(a) The Board has certified within the preceding twelve (12) months the results of an election among all or some of the employees in the bargaining unit or the Board has determined the compensation unit placement, whichever is later. 

(b) The exclusive representative of the employees in the bargaining unit was voluntarily recognized within the preceding twelve (12) months and the recognition was certified by the Board; or 

(c) A collective bargaining agreement is in effect covering employees in the bargaining unit; provided, however, that decertification petitions may be filed between the 120th day and 60th day prior to the scheduled date of expiration of an agreement of three (3) years or less duration, or after the expiration of such an agreement, or at any time after an agreement of more than three years duration has been in effect for 975 days.

 

505.9 - Alphabetical List and Employer Comments 

Upon receiving a timely response from the exclusive representative pursuant to Subsection 505.7, a copy of the decertification petition shall be transmitted to the employing agency. The employing agency shall prepare an alphabetical list of all employees in the 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 Board's transmittal of the petition to the agency.

 

505.10 - Showing of Interest - Determination 

The adequacy of the showing of interest shall be determined administratively by the Board or its designee. The showing of interest determination shall not be subject to appeal.

 

505.11 - Notice - Contents 

Provided that the requirements of Subsections 505.2, 505.3 and 505.9 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 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 unit; 

(c) The date the notice was posted; 

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

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

 

505.12 - Intervention Petition - 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 505.2 of these rules.

 

505.13 - Intervention Petition - Contents 

Intervention petition(s) shall be accompanied by a showing of interest that at least ten percent (10%) of the employees in the bargaining unit set forth in the decertification petition 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.

 

505.14 - Preliminary Investigation 

Upon the filing of a petition pursuant to Subsections 505.2 or 505.12 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.

 

505.15 - Hearings - General Purpose 

Hearings under Subsection 505.14(d) of these rules are investigatory and not adversarial. The purpose of hearings under Section 505 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.