• No later than December 1 for units of all general state employees who, as of August 30, are not covered by a collective bargaining agreement or are covered by a collective bargaining agreement entered into on or after June 29, 2011 (covered in ch.
ERC 80). Unions wishing to continue as the collective bargaining representative must file an election petition and applicable fee on or before August 30;
• No later than December 1 for units of general municipal school district employees who, as of August 30, are not covered by a collective bargaining agreement or are covered by a collective bargaining agreement entered into on or after June 29, 2011 (covered in ch.
ERC 70). Unions wishing to continue as the collective bargaining representative must file an election petition and applicable fee on or before August 30;
• No later than May 1 for units of general municipal employees who, as of January 30, are not covered by a collective bargaining agreement or are covered by a collective bargaining agreement entered into on or after June 29, 2011 (covered in ch.
ERC 71). Unions wishing to continue as the collective bargaining representative must file an election petition and applicable fee on or before January 30.
Under these rules, if a union does not timely file an election petition and fee, the union loses its status as the collective bargaining representative as of the filing deadline.
In each of the new chapters, the first section, Section ERC xx.01, describes the general policy and purpose of chapter.
Section ERC xx.02, include definitions of terms as used in the chapter and defines the scope of application of the chapter as is outlined above.
Sections ERC xx.03(1) limit the right to file a petition to the existing representative and other any labor organization interested in representing the bargaining unit. No provision is made for petitions by employees or by the employer because decertification automatically results if no timely petition is filed by a labor organization.
Sections ERC xx.03(5) provide that no showing of interest is required to support a petition filed by the existing exclusive representative of the bargaining unit, but that a petition filed by another organization must be supported by a 30% showing of interest. The practice and procedure for submission and determination of the showing of interest is made parallel to that in existing s.
ERC 11.05 (2), which generally involve a commission determination as to the sufficiency of the showing of interest in the context of the employee personnel data provided by the employer, without providing a copy of the showing of interest to any party other than the party that submitted it.
Sections ERC xx.03(7) specify the time by which a petition must be filed and the consequences that follow from no timely petition being filed by any labor organization. Sections ERC xx.03 (7) (c) each provide that the commission will issue a notice equivalent to a decertification upon the request of any interested party or any affected employee.
Sections ERC xx.04 provide the procedures and consequences of a withdrawal of a petition. Each provides that if withdrawal of a petition leaves no pending timely petition, the consequences are the same as if the existing representative filed the only timely petition, an election was conducted, and no representative achieved the support of 51% of the eligible voters.
Sections ERC xx.05 describe the obligation of the employer and petitioning union(s) to provide the Commission with lists of proposed eligible voters and related information.
Sections ERC xx.06 provide for commission issuance of a direction of election or other dispositional order without an intervening hearing to resolve possible disputes concerning voter eligibility or other matters. In cases where the commission is directing an election, the direction shall provide that all individuals on the list provided by the municipal employer and on the list, if any, provided by the petitioner or any other interested party, shall be allowed to complete and submit a ballot, subject to the right of any interested party to challenge the eligibility of the voter during post-balloting procedures.
Sections ERC xx.07 provide that all elections are to be conducted by secret ballot and under the supervision of the commission or impartial agents designated by the commission, with the commission determining on a case by case basis whether the secret balloting shall be conducted on-site, by mail or automated telephone system. Each chapter also contains provisions generally paralleling those in s.
ERC 11.09, regarding notice of election, observers, challenge of voters, and count and tally of ballots.
Sections ERC xx.07 (6) provide that if more than one proposed representative appears on the ballot and if at least 51% of the eligible voters favor representation but no single representative receives the votes of at least 51% of the eligible voters, the commission, on receipt of a timely request of any party, may conduct a runoff election as provided in ss.
111.70 (4) (d) 4. or
111.83 (4), Stats.
Sections ERC xx.08 and xx.09 provide procedures concerning the commission's certification of results of election and the filing and service of objections to election.
Sections ERC xx.10 provide procedures for commission action on challenges or objections, including the conduct of a hearing if one is needed.
Sections ERC xx.11 list the consequences of no representative achieving support of 51% of the eligible voters in the election. Those consequences are that the commission will issue a certification of the results of the election decertifying the existing representative, and providing that for 12 months from the date of decertification the affected employees shall be nonrepresented and shall not be included in any substantially similar bargaining unit.
Sections ERC xx.12 outline the procedures by which any person aggrieved by a final order of the commission may file and have processed a petition for rehearing.
Summary of, and comparison with, existing or proposed federal regulations
None.
Comparison of proposed rules with rules promulgated by adjacent state labor relations agencies
Not applicable. A review of the following adjacent state rules reveals none providing procedures for certification elections conducted on an annual or other regularly periodic basis.
AGENCY Name and Source of Rules:
Minnesota Bureau of Mediation Services
Minnesota Rules,
Chapter 5505 - Private Rules
5505.0100 Definitions.
5505.0200 Purpose, Construction, And Waiver.
5505.0300 Request For Investigation.
5505.0400 Required Information.
5505.0500 Notice Of Hearing And Investigation.
5505.0600 Hearings.
5505.0700 Examination Of Witnesses.
5505.0800 Subpoenas.
5505.0900 Determination Of Representative.
5505.1000 Election Procedure.
5505.1100 Challenge Of Voter.
5505.1200 Consent Election.
5505.1300 Certification Order.
5505.1400 Objections To Certification.
5505.1500 Reconsideration Within One Year.
Chapter 5510 - Public Rules
Representation Matters And Fair Share Fee Challenges; Proceedings Before The Commissioner
Negotiation, Mediation, Impasse Certification, Arbitration, And Intent To Strike Notice
Grievance Procedure
Chapter
520 LMC - Grant Rules
Chapter 5530 - Arbitration Roster Rules
5530.0100 Application.
5530.0200 Policy.
5530.0300 Definitions.
5530.0400 Role Of Bureau.
5530.0500 Status Of Arbitrators.
5530.0600 Arbitrator Qualifications.
5530.0700 Appointment To Roster.
5530.0800 Arbitrator Conduct And Standards.
5530.0900 Panel Selections And Referrals.
5530.1000 Arbitration Proceedings.
5530.1200 Performance Measures.
5530.1300 Disciplinary Or Removal Procedures.
Chapter 7315 - Independent Review Rules
7315.0210 Scope.
7315.0300 Policy.
7315.2300 Request For Rehearing.
7315.2400 Petition For Rehearing.
7315.2500 Consideration.
7315.2600 Determination.
7315.2700 Notice Of Rehearing.
7315.2800 Rehearing Procedure.
7315.2900 Decision After Rehearing.
Michigan Public Employment Relations Commission
Michigan Rules
R 423.101 - 423.499 - General Rules
Part 1. General Provisions
Part 2. Mediation Of Labor Disputes
Part 3. Fact Finding
Part 4. Representation Proceedings.
Part 5. Unfair Labor Practice Charges
Part 6. Motion Practice
Part 7. Hearings
Part 8. Filing And Service Of Documents
Part 9. Notice Of Public School Strike Or Lockout
R 423.501 - 423.514 Administration Of Compulsory Arbitration Act For Labor Disputes In
Municipal Police And Fire Departments
Iowa Public Employment Relations Board
Iowa Rules [621]
Chapter
1 General Provisions
Chapter
2 General Practice And Hearing Procedures
Chapter
3 Prohibited Practice Complaints
Chapter
4 Bargaining Unit And Bargaining Representative Determination
