Title 8 . Labor and Workforce Development

Chapter 97 . Collective Bargaining Among Public Employees

Section 50. Petition for clarification or amendment of certification of a unit

8 AAC 97.050. Petition for clarification or amendment of certification of a unit

(a) A public employer or a public employee representative may file a petition seeking

(1) clarification of an existing bargaining unit, where no question concerning representation exists, in order to resolve a question of unit composition raised by changed circumstances since certification; or

(2) amendment of certification to reflect changed circumstances, including a change in name, affiliation, site, or location.

(b) The petition for clarification or amendment must contain the following information:

(1) a description of the present bargaining unit and the date of certification or recognition;

(2) the proposed clarification or amendment of the unit;

(3) a statement by the petitioner identifying why clarification or amendment is needed and, for a petition seeking only unit clarification, a description of the job duties of the positions affected;

(4) the name, address, telephone and facsimile machine numbers, and affiliation, if any, of the petitioner;

(5) the name, address, telephone and facsimile machine numbers, and title, if known, of the public employer's contact person;

(6) 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;

(7) the signature, title, address, and telephone and facsimile machine numbers of the petitioner's representative.

(c) The petitioner shall serve a copy of the petition for unit clarification on each affected public employee representative, public employer, and employee whose position is the subject of the petition, and shall provide proof of service as required in 8 AAC 97.015. The agency may authorize the petitioner to substitute posting a notice of the petition for service directly to the affected employees. The agency will require a copy of the petition or other document approved by the agency to be posted in the work areas of the affected employees if the agency determines that service alone was insufficient to put the affected employees on notice of the petition. The labor relations agency will investigate a petition for unit clarification that substantially fulfills the requirements of (b) of this section and will determine if there is reasonable cause to believe that a question of unit clarification exists. In conducting its investigation under this subsection, the agency may require the submission of documents or other information. Any party who files documents with the agency shall serve the other parties and each affected employee with a copy of the documents. The agency will serve the parties with a copy of documents or other information filed by an affected employee. The agency will grant the parties and each affected employee an opportunity to respond to the information obtained by the agency during its investigation. After its investigation, the agency will issue its determination.

(d) The petitioner shall serve a copy of the petition for unit amendment on each affected public employee representative and public employer. Additionally, the petitioner shall either serve each employee who is affected by the petition with a copy of the petition, or certify that all affected employees have been notified of the petition. The petitioner shall provide proof of service as required in 8 AAC 97.015. The agency will require a copy of the petition or other document approved by the agency to be posted in the work areas of the affected employees if the agency determines that service alone or the petitioner's notice to the affected employees was insufficient to put the affected employees on notice of the petition. The agency will consider a petition for unit amendment that substantially fulfills the requirements of (b) of this section and will determine if there is reasonable cause to believe that a question of unit amendment exists. If the agency finds such reasonable cause, the agency will require a notice of petition to be posted in the work areas of the affected employees. The notice must contain the following information:

(1) the name of the petitioner;

(2) a description of the proposed amendment;

(3) a statement that a party has 15 calendar days from the date of the posting of the notice to file an objection to the proposed amendment or request a hearing under 8 AAC 97.330 - 8 AAC 97.480;

(4) a statement that if no objection or request for a hearing is filed within the period specified in (3) of this subsection, the agency will issue the amendment of certification.

(e) A party may appeal the agency's determination in accordance with 8 AAC 97.470.

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

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