Mich. Admin. Code R. 423.141 - Petitions for elections

Rule 141.

(1) A petition for election to determine a collective bargaining representative or a petition for decertification of a collective bargaining representative shall be prepared on a form furnished by the commission. An original and 4 copies of the petition shall be filed with the commission under section 12 of PERA, section 27 of LMA, and subrule (3) of this rule.

(2) A petition for an election to determine the collective bargaining representative or for decertification shall include, insofar as known, at least all of the following information:

(a) The name of the employer.

(b) The address of the establishment involved.

(c) A description of the bargaining unit claimed to be appropriate.

(d) The name and address of persons or labor organizations who claim to represent employees in the alleged appropriate unit, and brief descriptions of the contracts, if any, covering the employees in the unit.

(e) The number of employees in the alleged appropriate unit.

(f) The name, affiliation, if any, and address of the petitioner.

(g) Any other relevant facts.

(h) Signature of petitioner or its duly authorized agent if filed by an employer.

(i) A statement that 1 or more individuals or labor organizations have presented a claim to be recognized as the bargaining representative.

(3) Where there is a collective bargaining agreement covering employees in the bargaining unit, a petition for election may be filed during the following periods:

(a) Where the petition covers employees of a public school district or public educational institution and the expiration date of the collective bargaining agreement falls between June 1 and September 30, a petition may be filed between January 2 and March 31 of the year in which the collective bargaining agreement expires.

(b) Where the petition covers public employees other than those described in subdivision (a) of this subrule, a petition shall not be filed sooner than 150 days and not later than 90 days before the expiration date of the collective bargaining agreement.

(c) Where the petition covers private employees under the LMA, a petition shall not be filed sooner than 90 days and not later than 60 days before the expiration date of the collective bargaining agreement.

(4) At the request of any party, or on the commissions own initiative, a representative election shall be conducted by the commission, without a showing of interest and notwithstanding the existence of any collective bargaining agreement or agreements, where all of the following occur:

(a) There is a new interlocal agreement for the joint exercise of power entered into under 1967 PA 7, MCL 124.501 to 124.512; or, a new intergovernmental transfer of functions and responsibilities under 1967 PA 8, MCL 124.531 to 124.536; or, the creation of a new authority for the purpose of providing emergency services to municipalities under 1988 PA 57, MCL 124.601 to 124.614.

(b) Multiple labor organizations assert the right to represent all or a part of the workforce or a substantial portion of the transferred employees were not previously represented.

(c) No voluntary agreement exists.

(5) The commission shall determine the appropriate unit pursuant to R 423.146.

Notes

Mich. Admin. Code R. 423.141

2002 AACS; 2014 AACS