Section 8-A2006. EVIDENCE OF PROOF OF INTEREST IN PETITION

 

2006.1In conjunction with the filing of a petition for recognition under the provisions of §2002, the petitioner shall simultaneously submit evidence to the Public Employee Relations Board that at least thirty percent (30%) of the employees in the appropriate bargaining unit desire to have the petitioner represent them for the purposes of collective bargaining.

 

2006.2In conjunction with the filing of a petition for decertification under the provisions of §2003, the petitioner shall simultaneously submit to the Public Employee Relations Board evidence of proof of interest in the petition of the employees in the unit, in accordance with the requirements and rules of the PERB.

 

2006.3Evidence of proof of interest in the filing of a petition for recognition or a petition for decertification shall consist of authorization cards or petitions that have been dated and signed by each employee claimed as part of the show of interest.

 

2006.4The number of employees required to meet the thirty percent (30%) requirement for show of interest shall be determined from the payroll records of the payroll period immediately preceding the filing of the petition, unless the Public Employee Relations Board determines that that period is unrepresentative of the total number of employees. If the Public Employee Relations Board determines that the period immediately preceding the filing of the petition does not accurately represent the total number of employees, then the Public Employee Relations Board shall determine the appropriate payroll period.

 

2006.5The determination by the PERB as to the sufficiency of a show of interest with regard to any petition shall be deemed a ministerial act which shall be binding upon the Board of Governors and the petitioner and not subject to challenge by either party.

 

source

Final Rulemaking published at 36 DCR 1487 (February 24, 1989).