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Filing a Representation Petition What is a Representation Petition Handles and resolves all issues concerning the representation of employees by a Labor Organization Processed by the Federal Labor Relations Authority (FLRA) for Federal employees
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What is a Representation Petition • Handles and resolves all issues concerning the representation of employees by a Labor Organization • Processed by the Federal Labor Relations Authority (FLRA) for Federal employees • National Labor Relations Board (NLRB) for Private Sector and DC Government employees.
Types of Representation Petitions • Election Petition (RO) • Clarification of Unit (CU)/Amendment of Certification (AC) • name change • accretion • successorship • Unit Consolidation (UC) • Decertification
Standing to File a Petition • A labor organization • Two or more labor organizations • An agency • An individual
What to File • Petitions are filed using the FLRA Form 21 • Download from: flra.gov/forms/forms.html
Purposes of a Petition • Election Petition • To request • an election to determine if employees in an appropriate unit wish to be represented for collective bargaining by an exclusive representative • An election to determine if employees in a unit no longer wish to be represented for the purpose of collective bargaining by an exclusive representative
Purposes of a Petition (cont’d) • Clarification of Unit Petition • To clarify and/or amend a recognition or certification in effect. • Unit Consolidation Petition • To consolidate two or more units in an agency
Completing FLRA Form 21 • #1 Statement of Purpose (Consolidated Unit Election) – AFGE is requesting an election to represent and add-on all [professional/nonprofessional/nurses] of the [VAMC, Nashville, TN] to its existing nationwide consolidated bargaining unit. [(Ref # ------) (uc), (date)]
Completing FLRA Form 21 (cont’d) • Statement of Purpose (CU) • Clarification of Unit – to clarify the bargaining unit status of all employees of the [VA OPC, Boston, MA], to be included in the existing AFGE consolidated bargaining unit. • To clarify the existing AFGE bargaining unit, to include all Human Resources Assistant, of the [VAMC, Boston, MA].
Completing FLRA Form 21(cont’d) • Statement of Purpose (Name Change) • Requesting to amend the certification in effect, for the unit formerly recognized as [unit description], to reflect the following unit description: [new unit name/description]. • Statement of Purpose (Unit Consolidation) • To consolidate (#) units of professional and nonprofessional employees of the Dept of Economic Development, represented by the AFGE and its Locals, and certify AFGE as the exclusive representative.
Completing FLRA Form 21 (cont’d) • #2- Description of Unit(s) • Included: All professional/nonprofessional] employees of the [name and location of unit]. • Excluded: All supervisors, management officials, and employees as described in 5 U.S.C. 7112(b) (2) (3) (4) (6) and (7).
Completing Form 21 (cont’d) • #3 – Number of employees in affected unit • Currently • Proposed • #4 – Petition supported by at least • 30% showing of interest • 10% evidence of membership
Completing Form 21 (cont’d) • #5a – Petitioner • AFGE (for new units) • AFGE/Local • Petitioner Contact • [Your name, address & phone #]
Other Contents of Form 21 • Name & mailing address of agency and agency contact • Other Labor organization, and contact information • Date of Recognition/Certification and expiration of current agreement (if applicable) • Signature of petitioner, and date of petition
Where do I File • With Regional Director (RD) of FLRA region where unit is located • For nationwide units file with FLRA region of the agency headquarters
Service Requirement • An original and two copies of petition w/attachments to the RD • Petition only to agency and other labor organization, if applicable • *30% Showing of Interest • *Alphabetical Listing of showing • Certificate of Service *for election petitions only
Common Mistakes • Statement of Purpose unclear • Missing or unclear unit description • Missing size of current or proposed unit • Wrong petitioner • Missing activity contact information • Unsigned petition • Not sent to M&O for review and designation of rep.
Defective Petitions • No showing of interest • No statement of purpose • No unit description • Missing size of proposed unit • No affected parties identified