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, and the required filing fee must accompany the petition.
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 30 percent showing of interest.
Purpose of Petitions
*These petitions may be filed electronically by email.
Certification for Representation
Amendment for Certification*
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.
SHOWING OF INTEREST FORM
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.
DECERTIFICATION SHOWING OF INTEREST FORM
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.
State law requires recertification of labor organizations by each bargaining unit every three years. Recertification elections must be conducted within a two week window of the anniversary date of their initial certification by the Board.