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. It may be filed by either the union or the employer.
- 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.
- 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.
- 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.
- 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.
- 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.
- Decision: The Board’s decision will be issued to all parties.