(a) A petition for certification shall
contain the following:
(1) the name,
affiliation, if any, and address of petitioner;
(2) the name and address of the public
employer involved;
(3) a
description of the negotiating unit which the petitioner claims to be
appropriate;
(4) the names and
addresses of any other employee organizations which claim to represent any
public employees within the allegedly appropriate unit. If there is any
contract covering public employees in such unit, petitioner shall specify the
duration, the parties, and the unit involved in the contract, or attach a copy
of the contract, and the date of the commencement of the fiscal year of the
employer;
(5) the number of
employees in the allegedly appropriate unit;
(6) if an employee organization, whether the
showing of interest requirement, as set forth in sections
201.3
and
201.4 of this
Part, is met;
(7) if an employee
organization is seeking to represent a unit of unrepresented employees, the
date on which it asked the public employer for recognition;
(8) if an employee organization, an
affirmation that petitioner and the employee organization, if any, with which
it is affiliated does not assert the right to strike against any government, to
assist or participate in any such strike, or to impose an obligation to
conduct, assist or participate in such a strike; and
(9) a clear and concise statement of any
other relevant facts.
(b) Petitions for decertification shall
contain the following:
(1) the name,
affiliation, if any, and address of petitioner;
(2) the name or names of the employee
organization(s) which have been certified or are currently recognized by the
public employer and which claim to represent the employees in the unit
involved, the expiration date of any contract covering such employees, and the
date of the commencement of the fiscal year of the employer;
(3) the name and address of the public
employer involved;
(4) whether the
employee organization(s) which have been certified or are currently recognized
by the public employer have engaged in a strike or have caused, instigated,
encouraged or condoned a strike against any government;
(5) the grounds upon which decertification or
revocation of recognition is sought;
(6) a description of the unit, including the
number of employees;
(7) if an
employee organization, whether the showing of interest requirement, as set
forth in sections
201.3
and
201.4 of this
Part, is met; and
(8) a clear and
concise statement of any other relevant facts.
(c) Petitions filed pursuant to section
201.2(b)
of this Part shall contain the following:
(1)
the name, affiliation, if any, and address of the recognized or certified
employee organization;
(2) the name
and address of the public employer involved;
(3) a description of any affected existing
negotiating unit, a copy of any applicable certification or recognition, and
the date thereof;
(4) the number of
employees in the existing unit and in the unit proposed in the
petition;
(5) the job description
and classification of each position;
(6) the name and address of any other
employee organization which claims to represent the position;
(7) a copy of any contract affecting the
position; and
(8) a statement by
the petitioner setting forth the details of the desired clarification or
placement and the reasons therefor.
(d)
Response.
Except for the petitioner, all parties shall file either an
original and 4 copies of a response to the petition, or, in electronically
filed cases, a paper original in addition to the electronically filed copy,
with the director within 10 working days after receipt of a copy of the
petition from the director, with proof of service of a copy thereof upon all
other parties. The response shall include a specific admission, denial or
explanation of each allegation made by the petitioner, a description of the
unit claimed to be appropriate by the responding party for the purpose of
collective negotiations and a clear and concise statement of any other facts
which the responding party claims may affect the processing or disposition of
the petition, along with a signed declaration of its truthfulness by an
identified representative of the responding party.
(e)
Notice of filing of
petition.
In any case in which the director determines that notice in
accordance with this section may be reasonably given by a party filing a
petition for certification or a petition under section
201.2(b)
of this Part, which seeks a review of a managerial or confidential designation
made pursuant to section
201.9
of this Part, that party shall mail or, in electronically filed cases,
electronically mail, notice thereof in conformity with the director's
determination to each managerial or confidential designee named in the petition
and state in writing to the director that it has mailed or electronically
mailed the notice of filing in accordance with this section. The notice shall
include the date the petitioner filed the petition with the director and a copy
of the petition and such attachments thereto as pertain to the named
designee.
(f) The director
or designated administrative law judge may permit an amendment of a petition at
any time prior to the issuance of a decision, for good cause shown and under
such terms as may be deemed just and proper, filed and served consistently with
the method of filing and service of the original petition, and proof of service
on all other parties provided, however, that petitions filed pursuant to
section
201.3
of this Part, or motions to intervene in such matters, may not be amended where
such amendment is not supported by the showing of interest accompanying the
original petition or motion to intervene.
