Section 6-B502. EXCLUSIVE RECOGNITION AND NON-COMPENSATION UNIT DETERMINATION

 

502.1A labor organization seeking exclusive recognition as the representative for an appropriate unit shall file a “Recognition Petition,” electronically pursuant to §§ 501 and 561. Evidence of the employees’ showing of interest must be submitted to the Board by commercial delivery, U.S. mail, or personal delivery to the Board’s office. The Recognition Petition shall include the following:

 

(a)A description of the proposed unit including the name, address, and telephone number of the employing agency (and agency subdivision, if any), the number of employees in the proposed unit, and the general classifications of employees;

 

(b)The name, address, and telephone number of any other labor organization known to the Petitioner that claims recognition as a representative of any employees in the proposed unit;

 

(c)A statement as to whether there is a collective bargaining agreement in effect covering the proposed unit or any part of it, including the effective date and expiration date of any such agreement;

 

(d)A statement as to how the employees in the proposed unit share a community of interest, by virtue of such common factors as skills, working conditions, supervision, physical location, organizational structure, distinctiveness of functions performed, or the existence of integrated work processes; and

 

(e)A roster of the Petitioner’s officers and representatives, a copy of its constitution, its articles of incorporation and bylaws, if any, and a statement of its objectives. The Petitioner shall include a statement that the petitioning labor organization subscribes to the standards of conduct for labor organizations, as set forth in § 1703 of the Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-617.03 (2014 Repl.)).

 

502.2A petition for exclusive recognition shall be supported by a showing of interest, not more than one (1) year old, that at least thirty percent (30%) of the current employees in the proposed unit desire representation by the Petitioner. Forms of evidence may include the following:

 

(a)Current dues deduction authorizations;

 

(b)Notarized membership lists;

 

(c)Membership cards;

 

(d)Individual authorization cards or petitions signed and dated by employees indicating their desire to be represented by the labor organization; or

 

(e)Other evidence as determined appropriate by the Board.

 

502.3Upon service of the recognition petition by the Petitioner, the employing agency shall prepare an alphabetical list of all employees in the proposed unit for the last full pay period prior to the filing of the petition. This list, along with any comments concerning the petition, shall be transmitted to the Board within fourteen (14) days of the agency’s receipt of the petition. The Executive Director may request additional payroll records from the agency in order to properly investigate the showing of interest.

 

502.4The adequacy of the showing of interest shall be determined administratively by the Board or its designee. While signed and dated authorization cards, in accordance with § 502.2, will always be accepted as adequate evidence, other forms of evidence may be considered adequate by the Board as prescribed under §§ 502.2 above and 502.8(a) below. The showing of interest determination shall not be subject to appeal.

 

(a)If the petition is amended so as to seek to represent a unit different from that in the original petition, the amended petition must be accompanied by a thirty percent (30%) showing of interest in the new unit. In cases where an agency’s staffing fluctuates due to the seasonal nature of the work or in cases where a unit is expanding, a showing of interest is required only among those employees employed at the time the petition is filed. 

 

(b)If the status of employees in the proposed unit is disputed, the Executive Director may conduct such proceedings as are necessary to determine the adequacy of the showing of interest.

 

(c)If the Executive Director is unable to resolve issues concerning the eligibility of employees or unit appropriateness, a hearing may be ordered in the matter. If the hearing results in a change to the unit, the Executive Director will provide the petitioner with seven (7) days after the issuance of the Hearing Examiner’s Report and Recommendation to procure additional evidence of a showing of interest in the changed unit.

 

502.5The Board shall maintain the confidentiality of the showing of interest submitted in support of a petition filed under this section or § 505, and this evidence shall not be available for public access.

 

502.6Provided that the requirements of §§ 502.1, 502.2, and 502.3 are met, the Executive Director shall prepare a Notice of Recognition Petition to be posted by the employing agency in conspicuous places on all employee bulletin boards at work sites of employees in the proposed unit and to be distributed in a manner by which notices are normally distributed. The Notice shall be posted within seven (7) days of the Board’s transmittal of the Notice and shall remain posted for fourteen (14) consecutive days. The Notice shall include the following:

 

(a)The name of the petitioner;

 

(b)A description of the proposed unit;

 

(c)The date the Notice was posted;

 

(d)The name of any other labor organization currently representing employees in the proposed unit; and

 

(e)The requirements for intervention by any other labor organization.

 

502.7A labor organization may file an intervention petition within the period required by the Notice and said petition shall contain the same information as required of a petitioner under § 502.1.

 

502.8Intervention petition(s) shall be accompanied by the following:

 

(a)A showing of interest that at least ten percent (10%) of the employees in the bargaining unit set forth in the petition for exclusive recognition wish to be represented by the intervening labor organization, unless a different unit is proposed by the intervenor, in which case a showing of interest of at least thirty percent (30%) shall accompany the intervenor’s petition; or

 

(b)Where applicable, a statement that the intervenor is the incumbent exclusive representative of the employees in the proposed unit. The incumbent labor organization shall be allowed to intervene as a matter of right without submitting any showing of interest.

 

(c)If the intervenor’s showing of interest is insufficient, the request for intervention will be denied, absent withdrawal. 

 

502.9A petition for exclusive recognition shall be barred if:

 

(a)During the previous twelve (12) months, a valid majority status determination has been made for substantially the same bargaining unit, or if during this same period a certification of representative has been issued, or the Board has determined the compensation unit placement, whichever is later.

 

(b)A collective bargaining agreement is in effect covering all or some of the employees in the bargaining unit and the following conditions are met:

 

(i)The agreement is of three years or shorter duration; provided, however, that a petition may be filed between the one hundred twentieth (120th) day and the sixtieth (60th) day prior to the scheduled expiration date or after the stated expiration of the contract; or

 

(ii)The agreement has a duration of more than three years; provided, however, that a petition may be filed after the contract has been in effect for nine hundred seventy-five (975) days.

 

502.10Upon the filing of a petition pursuant to §§ 502.1 or 502.7, the Board shall direct such preliminary investigation as it deems necessary and thereafter shall take appropriate action which may include any one or more of the following:

 

(a)Approving a withdrawal request;

 

(b)Dismissing the petition;

 

(c)Conducting an informal conference;

 

(d)Holding a hearing;

 

(e)Taking an action as prescribed by §§ 512 and 513.

 

502.11Hearings under § 502.10(d) are investigatory and not adversarial. The purpose of hearings under § 502 shall be to develop a full and factual record upon which the Board may make a decision. The procedures of §§ 550-557 shall apply to the hearing.

 

502.12If the choice available to employees in an appropriate unit is limited to the selection or rejection of a single labor organization, the Board may permit the employing agency to recognize the labor organization without an election on the basis of evidence that demonstrates majority status (more than fifty percent (50%)), such as documentary proof not more than one (1) year old, indicating that employees wish to be represented by the petitioning labor organization. In a case of voluntary recognition by the employer, the Executive Director shall review the evidence of majority status and shall recommend to the Board whether certification should be granted without an election.

 

(a)If the proposed unit contains professionals and nonprofessionals, recognition without an election may be permitted if a majority of the professional employees petition for inclusion in the unit.

 

502.13If the choice available to employees in an appropriate unit includes two (2) or more labor organizations, the Board shall order an election in accordance with these rules.

 

 

authority

Comprehensive Merit Personnel Act of 1978, effective March 3, 1979, as amended (D.C. Law 2-139; D.C. Official Code § 1-605.02(11) (2014 Repl.)).

source

Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 42 DCR 6383 (November 17, 1995); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015).