Unit Clarification 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

  1. Petition Filed: Petition filed with the State Board of Mediation. It may be filed by either the union or the employer.
  2. Review of Petition: Petition is reviewed for completeness and accuracy. The petition is to be accompanied by a description of the currently certified bargaining unit and the date of the certification or voluntarily recognition; the proposed clarification; and a statement by the petitioner setting forth the reasons as to why clarification is requested. Research is done to check for any previous cases filed with the Board.
  3. Request information from management: The State Board of Mediation shall request information from the employer to assist them in investigating the petition: the contact person for management, a copy of any Memorandum of Understanding between the certified representative and the employer, and management’s position as to the appropriateness of the proposed unit.
  4. Schedule Preliminary Conference: If the parties cannot agree to the proposed unit description, they will be contacted by the State Board of Mediation to schedule a preliminary conference. Once time and date are decided, Notice of Preliminary Conference will be sent to parties.
    1. Dismissals: If the petitioning party requests to withdraw their petition, the petition will be dismissed by the Chairman or if the Chairman deems it appropriate to dismiss petition.
    2. Hearings: When the parties cannot come to an agreement at the Preliminary Conference it will be necessary to schedule for a hearing.
  5. 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.
  6. 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.
  7. Decision: The Board’s decision will be issued to all parties.