Section 5-E607. PETITIONS: GENERAL PROVISIONS

 

607.1The existence of a valid, ratified agreement between the Board and a labor organization shall bar the filing of a petition for recognition during the term of the agreement, except as provided in § 607.3.

 

607.2The existence of a valid, ratified agreement between the Board and a labor organization shall bar the filing of a petition for decertification during the term of the agreement, except as provided by § 607.3.

 

607.3A petition for recognition or decertification may be filed not less than sixty (60) days nor more than ninety (90) days prior to the expiration date of an existing agreement of a term of three (3) years or less, or not less than sixty (60) days nor more that ninety (90) days prior to the third anniversary date of an agreement of a term of more than three (3) years.

 

607.4Petitions for recognition or decertification that are filed in violation of the provisions of §§ 607.1 through 607.3 shall be dismissed by the Superintendent of Schools.

 

607.5Upon receipt of a petition for recognition which meets the requirements of §§606.1 and 607.3, the Superintendent of Schools shall give notice in writing of the petition, and a description of the proposed bargaining unit, to all labor organizations known to have members who are employees in the affected unit or known to be seeking recognition in the unit.

 

607.6The notice of petition for recognition shall indicate that the labor organizations notified shall have ten (10) days from the date of the notice to submit any comment on the proposed unit to the Superintendent.

 

607.7The notice to a labor organization of a petition for recognition shall also advise the organization that if the organization wishes to represent employees in the same unit, the organization shall submit to the Board of Labor Relations evidence that at least ten percent (10%) of the employees in the unit are members of the organization; or, if the notified labor organization wishes to establish a unit that differs in part from the proposed unit in the petition, the organization shall submit evidence of a show of interest of at least thirty percent (30%) of the employees in its proposed unit.

 

607.8Submission of evidence as required by § 607.7 shall be accomplished within ten(10) days of the receipt of notice.

 

607.9On the same date on which notice is sent pursuant to the provisions of § 607.5 and § 607.6 of this section, notice of the proposed unit shall be posted on appropriate bulletin boards in offices that would be affected by the proposed unit. This notice shall also contain information about the ten (10) day period during which labor organizations may submit comments or specific unit proposals to the Superintendent of Schools.

 

607.10The Superintendent shall determine the appropriateness of a bargaining unit based upon the information contained in the relevant petition, comments received on the petition, and on a consideration of other relevant factors, including the following:

 

(a)The community of interest among the employees;

 

(b)Whether the proposed unit would promote effective labor relations and efficient operation of the school system;

 

(c)The history of collective bargaining with regard to the affected employees, among other employees of the Board, and in similar school systems; and

 

(d)Any unique factors relevant to public sector employment.

 

607.11No unit shall be established that includes any of the following:

 

(a)Any management official or member of the Board;

 

(b)Any supervisor together with employees under that supervisor's supervision;

 

(c)Any employee who assists or has a confidential relationship with any management official who has a functional responsibility for or official knowledge of labor relations matters as part of that official's duties with the school system; or

 

(d)Any employee whose duties or employment is of a temporary or casual nature.

 

source

Final Rulemaking published at 24 DCR 6446, 6457 (February 3, 1978).