N.H. Admin. Code § Pub 301.01 - Election of Exclusive Representative
(a) A petition for certification as
the exclusive representative of a bargaining unit having no certified
representative may be filed at any time. A petition for certification
as the exclusive representative of a bargaining unit for which a
collective bargaining agreement constituting a bar to election under
RSA 273-A:11 (b), I presently exists shall be filed no more than 240
days and no less than 180 days prior to the budget submission date of
the affected public employer in the year that agreement expires,
notwithstanding any provisions in the agreement for extension or
renewal.
(b) Any petition
filed less than 180 days prior to the budget submission date of the
affected public employer shall be accompanied by an explanation of
why the petition could not have been filed sooner. The board shall
refuse to entertain any petition filed so close to the budget
submission date of the affected employer that the board cannot
reasonably conduct the election called for in the petition within 120
days of the budget submission date.
(c) The petition under (a) and (b)
above shall set out:
(1) The name,
address, and telephone number of the employee organization, employee
group, or person responsible for petitioning for certification as the
exclusive representative of the bargaining unit, and of its
representative, and the affiliation, if any, of the employee
organization;
(2) The
name, address, and telephone number of the affected public employer
and of its representative;
(3) A description of the proposed
bargaining unit, together with the total number of employees in the
proposed bargaining unit, their classifications and the number of
employees in each classification, any category of employee proposed
to be excluded from the bargaining unit, and the reason for excluding
that category:
(4) The
name, address, telephone number, and affiliation of any exclusive
representative presently representing the bargaining unit;
(5) The expiration date of any
existing collective bargaining agreement; and
(6) The budget submission date of
the public employer.
(d) The petitioner shall provide
this information on Form P-1 "Petition for Certification-New
Bargaining Unit," dated 9-15-16, or Form P-2 "Petition for
Certification - Challenge to Existing Representative," dated
9-15-16.
(e) A petition
filed under this section shall, when appropriate, contain a statement
that the certification of the proposed bargaining unit has been
agreed upon by the affected employer so indicating that no objection
to the certification is to be filed.
(f) A petition filed under this
section shall also contain a statement that at least 30% of the
employees in the proposed bargaining unit wish to be represented by
the employee organization named in the petition.
(g) Petitions seeking certification
of an employee organization as the exclusive representative of a
proposed bargaining unit composed of professional and
non-professional employees shall be supported by the requisite
percentage of employees in each category.
(h) Individual petition cards,
evidencing that the requisite number of employees in the proposed
bargaining unit desire an election to be held, shall accompany the
petition but shall be kept separate from the petition in order to
ensure their confidentiality. Employees who wish to submit petition
authorization cards shall complete Form A-1 "Authorization Card,"
dated 9-15-16, or Form A-3 "Decertification Card," dated
9-15-16.
(i) Petition
cards shall, at a minimum, disclose the purposes for which they were
solicited, the name of the labor organization or employee group
soliciting same, and bear the signature and typewritten or printed
name of the employee and the date the signature was
obtained.
(j) If an
employee has signed more than one petition card and has signed a
statement repudiating a previously signed petition card, the board
shall recognize the last dated card or statement.
(k) The board shall review the
sufficiency of petition cards as soon as practicable once the board
concludes, in its discretion, that it has received sufficient
information to complete this determination. The board shall accept
and review any subsequently filed petition cards or revocations of
petition cards up to the time of its determination. Upon the
completion of its determination the board shall notify the parties by
order of its conclusions as to the sufficiency of petition cards and
shall not thereafter accept nor review additional petition cards,
regardless of whether such petition cards are filed by additional
employees or represent revocations of previously filed and reviewed
petition cards. Employees who wish to revoke a previously signed Form
A-1 "Authorization Card" shall complete and file Form A-2 "Revocation
of Authorization Card," dated 9-15-16.
(l) In determining whether the
requisite number of employees in the proposed bargaining unit desire
an election to be held, the board shall not consider:
(1) Any undated
signature;
(2) Any
signature obtained more than 6 months prior to the date the petition
was filed; or
(3) The
signature of any employee who is no longer employed in the proposed
bargaining unit when the petition is filed.
(m) Any person filing a petition
for certification shall at the same time deliver a copy of the
petition to any employee organization identified in the petition and
to the public employer identified in the petition.
(n) The public employer shall
display copies of the petition at locations where employees of the
existing or proposed bargaining unit work on the next working day
following receipt of the petition. When it is necessary for a public
employer to display copies of the petition at diverse locations
because potential bargaining unit members work at sites remote from
the place where the administration of the public employer is located,
copies of the petition shall be mailed to those remote locations no
later than the next working day following receipt of the petition.
The copies so mailed shall be displayed at those remote locations on
the same day they are received.
(o) The public employer identified
in the petition shall forward to the board as expeditiously as
possible a complete list of the names of the employees in the
bargaining unit proposed in the petition in order to permit the board
to compare this list with the names submitted in support of the
petition.
(p) A petition
filed under this section shall bear a conspicuous notice that
exceptions and petitions to intervene shall be filed within 15 days
of the date the original petition is filed. Exceptions shall set out
a clear and concise explanation of any factual or legal reasons why
the board should not entertain the petition.
(q) A pre-hearing conference as
described in
Pub 202.01 may be
scheduled when, for example:
(1)
Issues revealed in pleadings might be disposed of or thereby
clarified; or
(2)
Evidentiary or procedural matters might be expedited.
(r) If the board
determines that the requisite showing of interest has been made, it
shall proceed to determine the appropriate bargaining unit under Pub
302 and then to conduct an election under Pub 301.
Notes
#2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91
New. #5679, eff 8-4-93, EXPIRED: 8-4-99
New. #7093, INTERIM, eff 9-9-99, EXPIRES: 1-7-00; ss by #7187, eff 1-8-00, EXPIRED: 1-8-08
New. #9081-B, eff 1-29-08
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