A petition can be filed with the Board by any public employee, group of public employees, or employee organization claiming to represent a majority of the employees in the proposed bargaining unit. The petitioner filing a petition for Certification for Representation, Decertification, or as an Intervening party must have a certain percentage of individuals for the required showing of interest to continue the Petition Process. When filing a petition, you must choose the type of petition and the purpose.
Types of Petitions
- Original: New Petition
- Amended: As used in this context, the original petition was returned to Petitioner for corrections; or Petitioner, on its own initiative, makes corrections or changes. Petition is re-submitted to the Board for processing.
- Intervenor: An additional party filing a petition to intervene in the proceedings before the Board. Petition for the intervenor must be accompanied by a 10 percent showing of interest.
Purpose of Petitions
Certification for Representation
The petition may be filed by any public employee, group of public employees, or any individual or employee organization claiming to be the majority representative of the public employees in the proposed bargaining unit. A substantial number of employees wish to be represented for purposes of bargaining by Petitioner, and Petitioner desires to be certified as the exclusive representative of the employees. Petition form must be accompanied by 30 percent showing of interest.
Representation Petition Filed by Employer
This petition may be filed by a public employer alleging that one or more individuals or employee organizations have presented a claim to Employer to be recognized as the representative of its employees and the public employer has good faith doubt concerning this claim. The State Board of Mediation determines majority representative status by conducting a secret ballot election.
The petition may be filed by an employee, group of employees, or any individual acting on their behalf. A substantial number of employees assert that the certified or currently recognized bargaining representative is no longer their representative. Petition form must be accompanied by 30 percent showing of interest.
The petition may be filed by the certified representative, the recognized representative, the public employer, or both the employer and the representative. Petitioner(s) seeks clarification of placement of certain job classifications. The petition must be accompanied by a statement by the petitioner setting forth the reasons that clarification to the unit is requested. If Petitioner is seeking a Unit Clarification of a previously certified bargaining unit, the case number needs to be referenced. If the Unit Clarification is for a unit not previously certified, the bargaining unit needs to be described.
Amendment of Certification
The certified representative or the public employer may file a petition with the Board for Amendment Certification. The Petitioner seeks an amendment to reflect changed circumstances (such as merger or affiliation) in a unit covered by a certification and where no question concerning representation exists. This petition for amendment, in addition to setting forth the information required by 8 CSR 40-2.030(1)(A) and (D)–(H), shall contain a description of the presently certified bargaining unit and the date of the certification; the proposed amendment to the certification; and a statement by the petitioner setting forth reasons as to why the amendment is requested.