20.14 - BARGAINING REPRESENTATIVE DETERMINATION.
20.14 BARGAINING REPRESENTATIVE DETERMINATION.
1. Board certification of an employee organization as the
exclusive bargaining representative of a bargaining unit shall be
upon a petition filed with the board by a public employer, public
employee, or an employee organization and an election conducted
pursuant to section 20.15.
2. The petition of an employee organization shall allege that:
a. The employee organization has submitted a request to a
public employer to bargain collectively with a designated group of
public employees.
b. The petition is accompanied by written evidence that
thirty percent of such public employees are members of the employee
organization or have authorized it to represent them for the purposes
of collective bargaining.
3. The petition of a public employee shall allege that an
employee organization which has been certified as the bargaining
representative does not represent a majority of such public employees
and that the petitioners do not want to be represented by an employee
organization or seek certification of an employee organization.
4. The petition of a public employer shall allege that it has
received a request to bargain from an employee organization which has
not been certified as the bargaining representative of the public
employees in an appropriate bargaining unit.
5. The board shall investigate the allegations of any petition
and shall give reasonable notice of the receipt of such a petition to
all public employees, employee organizations and public employers
named or described in such petitions or interested in the
representation questioned. The board shall thereafter call an
election under section 20.15, unless:
a. It finds that less than thirty percent of the public
employees in the unit appropriate for collective bargaining support
the petition for decertification or for certification.
b. The appropriate bargaining unit has not been determined
pursuant to section 20.13.
6. The hearing and appeal procedures shall be the same as
provided in section 20.11. Section History: Early Form
[C75, 77, 79, 81, § 20.14]
Referred to in § 20.12, 20.15