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Representation (Filed by Employer) Petition Process

Representation (Filed by Employer) Petition Process

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 must have a certain percentage of individuals showing of interest to continue the Petition Process. When filing a petition, you must choose the type of petition and the purpose.

The Petition Process

Petition Filed

Petition filed with the State Board of Mediation.

 

Review of Petition

Petition is reviewed for completeness and accuracy. Research is done to check for any previous cases filed with the Board for the unit petitioned for.

 

Request information from management and employee group and/or union

The State Board of Mediation shall request information from the employer to assist them in investigating the petition: the contact person for management, information of any labor organizations claiming to represent these employees, and both parties’ position as to the appropriateness of the proposed unit.

 

Schedule Preliminary Conference

Parties will be contacted by the State Board of Mediation to schedule a preliminary conference. Once time and date decided, Notice of Preliminary Conference will be sent to parties.

 

Preliminary Conference

Parties will meet with the State Board of Mediation either by telephone or in-person to discuss the details of the bargaining unit. During the preliminary conference parties work together to reach an agreement on the composition of the bargaining unit. If an agreement is met, an election time and date and other details will be decided upon. If an agreement is not met, the case will need to be set for a hearing.

 

Notice of Election

The Notice of Election shall contain the date, hours and place of election; the eligibility period; the details and procedures for an election; the appropriate unit, and a sample ballot. They are to be posted no less than six (6) business days prior to the opening of the election polls.

 

Election

Each employee in the bargaining unit is given the opportunity to vote by secret ballot during the poll times listed on the Notice of Election. Each party may have up to two persons to serve as observers at the election polls.

 

Objections to Conduct of Election

Within ten (10) business days after the tally of ballots has been furnished to the parties, any party may file with the board objections to the conduct of the election or conduct affecting the results of the election. If objections are filed the Chairman shall investigate them, if necessary, the Chairman will set a hearing to make a decision on the objections.

 

Certification of Election Results

If no objections have been filed, the Chairman of the State Board of Mediation will certify the election results following the ten (10) day objection period in the form of either a Certification of Representation or Certification of No Representation.

DISMISSALS

Dismissals

If the petitioning party requests to withdraw their petition, the petition will be dismissed by the Chairman. If when investigating the petition, the Chairman determines that a contract bar exists, the Chairman will dismiss petition and advise the parties of the appropriate time frame for filing their petition with the contract bar in place.

HEARINGS

When the parties cannot come to an agreement at the Preliminary Conference it will be necessary to schedule for a hearing.

Schedule Hearing

Two (2) Board Members (one employee member and one employer member), the parties, and a court reporter will be contacted by the State Board of Mediation to schedule a hearing. A Notice of Hearing will be issued by the Chairman at least ten (10) business days prior to the hearing to the parties, court reporter and board members.

 

Hearings

Hearings conducted by the State Board of Mediation are considered investigatory and not adversary. They are held to develop a full and complete factual record with which the board can base their decision. The Board’s decision by the board will be issued to all parties.

 

Directed Election

If the decision issued by the Board is that an election shall be conducted, during a conference call with all parties after the decision has been issued, a date that is within 45 days of the date the decision was issued, an election will be set.

 

Notice of Election

The Notices of Election shall contain the date, hours and place of election; the eligibility period; the details and procedures for an election; the appropriate unit(s), and a sample ballot. They are to be posted no less than six (6) business days prior to the opening of the election polls.

 

Election

Each employee in the bargaining unit is given the opportunity to vote by secret ballot during the poll times listed on the Notice of Election. Each party may have up to two (2) persons serve as observers at the election polls.

 

Objections to Conduct of Election

Within ten (10) business days after the tally of ballots has been furnished to the parties, any party may file with the board an objection(s) to the conduct of the election or conduct affecting the results of the election. If objections are filed the Chairman shall investigate them, if necessary, the Chairman will set a hearing to make a decision on the objections.

 

Certification of Election Results

If no objections have been filed, the Chairman of the State Board of Mediation will certify the election results following the ten (10) day objection period in the form of either a Certification of Representation or Certification of No Representation.

 

Return of Showing of Interest

Thirty days after certification is issued or the case is dismissed, authorization cards/signatures are returned to petitioner and/or intervening party.