8 AAC 97.025 - Petition for certification of a public employee representative
(a) A petition for
certification of public employee representative filed by a labor or employee
organization must contain the following information:
(1) the name, title, address, electronic mail
address, telephone and facsimile machine numbers of the public employer's
contact person;
(2) a description
of the bargaining unit claimed to be appropriate for purposes of exclusive
representation by the petitioner that generally identifies the work locations
and the classifications of employees to be included or excluded and the
approximate number of employees in the unit;
(3) a statement that 30 percent of the
employees in the proposed bargaining unit want to be represented by the
petitioner for collective bargaining purposes;
(4) the name, address, electronic mail
address, telephone and facsimile machine numbers, and affiliation, if any, of
the petitioner;
(5) a copy of the
petitioner's constitution, bylaws, and current roster of officers and
representatives;
(6) any other
relevant facts;
(7) a declaration
by the person signing the petition that its contents are true and correct to
the best of that person's knowledge and belief; and
(8) the signature, title, electronic mail
address, and telephone and facsimile machine numbers of the petitioner's
representative.
(b) In
addition to the requirements of (a) of this section, if a petition for
certification proposes to sever a bargaining unit from an existing bargaining
unit, the petition must state
(1) why the
employees in the proposed bargaining unit are not receiving adequate
representation in the existing unit;
(2) whether the employees in the proposed
bargaining unit are employed in jobs that have traditionally been represented
in the same unit;
(3) why the
employees in the proposed unit have a community of interest that is not
identical with that of the employees in the existing unit;
(4) how long the employees in the proposed
bargaining unit have been represented as part of the existing unit;
and
(5) why the grant of the
petition will not result in unnecessary fragmentation of the existing
bargaining unit based on the factors contained in
AS
23.40.090.
(c) A petition for certification must be
accompanied by a showing of interest of not less than 30 percent of the
employees in the proposed unit. The showing of interest must be documented by
written authorization cards or forms that
(1)
are signed and dated by the employees during the 120 days immediately preceding
the filing of the petition and include the employees' job classifications and
position control numbers where applicable; and
(2) authorize the petitioner to represent the
employees for collective bargaining purposes.
(d) The labor relations agency will consider
a petition substantially fulfilling the requirements of this section.
Notes
Authority: AS 23.05.380
AS 23.40.090
AS 23.40.100
AS 23.40.170
AS 42.40.740
AS 42.40.750
AS 42.40.820
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