Section 6-B505. DECERTIFICATION PETITIONS

 

505.1The purpose of a decertification proceeding shall be to determine whether a majority of the employees in an appropriate bargaining unit maintain their desire to be represented by the existing exclusive bargaining representative.

 

505.2A petition to decertify an exclusive representative may be filed with the Board by an employer, an employee, or employees in the certified or recognized unit of an agency. The petition shall be filed electronically with the Board pursuant to §§ 501 and 561. The petition shall be served on the exclusive representative pursuant to § 501.11 and shall state the following:

 

(a)The name, address, and telephone number of the petitioner and of the petitioner’s representative if any. (A petitioner’s representative under this rule may not be a labor organization).

 

(b)The name, address, and telephone number of the exclusive representative;

 

(c)The name, address, and telephone number of the employer;

 

(d)A specific and detailed description of the bargaining unit including employee classifications or job titles;

 

(e)The approximate number of employees in the bargaining unit;

 

(f)The date that the exclusive representative was recognized and the method of recognition, if known; and

 

(g)A brief description of any collective bargaining agreements covering any employees in the bargaining unit, including the expiration dates of the agreements.

 

505.3A petition for decertification filed by an employee shall be accompanied by a showing that at least thirty percent (30%) of the employees in the bargaining unit no longer desire to be represented by the exclusive representative.

 

505.4An employing agency shall not assist an employee or group of employees in the filing of a decertification petition.

 

505.5A petition for decertification filed by an agency shall be accompanied by a sworn statement and supporting evidence of lack of activity by the exclusive representative.

 

505.6The exclusive representative shall be given fourteen (14) days from the date of service of the petition to file a response to the decertification petition. If the exclusive representative does not file a timely response indicating that it desires to continue to represent the employees, the Board may issue a decertification order.

 

505.7If the exclusive representative files a timely response indicating that it desires to continue to represent the employees and the requirements of §§ 505.2, 505.3 or 505.5 have been met, the Board shall order an election to determine majority status.

 

505.8Decertification petitions shall not be entertained in the following circumstances:

 

(a)The Board has certified within the preceding twelve (12) months the results of an election among all or some of the employees in the bargaining unit or the Board has determined the compensation unit placement, whichever is later.

 

(b)The exclusive representative of the employees in the bargaining unit was voluntarily recognized within the preceding twelve (12) months and the recognition was certified by the Board; or

 

(c)A collective bargaining agreement is in effect covering employees in the bargaining unit; provided, however, that decertification petitions may be filed between the one hundred twentieth (120th) day and sixtieth (60th) day prior to the scheduled date of expiration of an agreement of three (3) years or less duration, or after the expiration of such an agreement, or at any time after an agreement of more than three years duration has been in effect for nine hundred seventy-five (975) days.

 

505.9Upon receiving a timely response from the exclusive representative pursuant to § 505.7, a copy of the decertification petition shall be transmitted to the employing agency. The employing agency shall prepare an alphabetical list of all employees in the 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 Board’s transmittal of the petition to the agency.

 

505.10The adequacy of the showing of interest shall be determined administratively by the Board or its designee. The showing of interest determination shall not be subject to appeal.

 

505.11Provided that the requirements of §§ 505.2, 505.3 and 505.9 are met, the Executive Director shall prepare a Notice to be posted by the employing agency in conspicuous places on all employee bulletin boards at work sites of employees in the 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 unit;

 

(c)The date the Notice was posted;

 

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

 

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

 

505.12A labor organization may file an intervention petition within the period required by the Notice, and said petition shall contain the same information as required under § 505.2.

 

505.13Intervention petition(s) shall be accompanied by a showing of interest that at least ten percent (10%) of the employees in the bargaining unit set forth in the decertification petition 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.

 

505.14Upon the filing of a petition pursuant to §§ 505.2 or 505.12, 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.

 

505.15Hearings under § 505.14(d) are investigatory and not adversarial. The purpose of hearings under § 505 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.

 

505.16 When there is no intervening labor organization, an election to decertify an incumbent exclusive representative is not held if the incumbent provides the Executive Director with a written disclaimer of any representation interest in the unit. When there is an intervenor, an election is held if the intervening labor organization proffers a thirty percent (30%) showing of interest within the time period established by the Executive Director.

 

 

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).