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, and 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, 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, 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 excessive fragmentation of the existing bargaining unit.

(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.

History: Eff. 7/22/93, Register 127; am 5/18/2002, Register 162

Authority: AS 23.05.380

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