ELECTIONS





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  • GENERAL INFORMATION

Selecting a Union

Employees do not file a petition to be represented. Instead, the union files a petition on behalf of the employees they wish to represent. A representative for the union is the contact during the process. The employees in the bargaining unit only participate in the vote, if the petition results in an election.

Process

Showing: All petitions must be filed with a showing of interest showing that at least 30% of the affected employees support the petition.

Timing: A petition can be filed at any time for employees who have never been represented. If employees were previously involved in a PERC election, they must wait 1 year from certification to file.

Filing a Petition

When a Representation Petition is filed, PERC will request a list of the petitioned-for employees from the employer. PERC verifies whether at least 30% of the employees who signed showing of interest cards are on the list provided by the employer.

  • If the petition is not supported by at least 30% of the employees in the proposed bargaining unit, PERC issues a deficiency notice and the petitioning union will be given an opportunity to correct the defect.
  • If the petition is supported by at least 30% of the employees, PERC conducts an investigation conference by email or phone to determine if the parties agree on certain matters. If the parties agree on all matters, then an election or card check will be directed. If the parties do not agree on all matters, then a representation hearing will be held.

If the parties agree to the matters to be determined during the processing of the petition, a mail ballot election or card check will be held about 5-7 weeks after the petition is filed. If some matters need to be resolved through a hearing, processing of a petition will take longer.

Determination

Mail Ballot Election

  • Ballots are mailed to employees’ homes to vote, returned to PERC, and tallied at the election.
  • Ballot choices include the petitioning union, an intervening union (if applicable), and “No Representation.”
  • The election is determined by a majority of ballots returned. A tie vote will result in “No Representation” being certified.

Online Telephone & Election

  • Voting instructions are mailed to employees’ homes. Voters are allowed to vote during a certain period of time using a specific confidential pin # assigned to them.
  • Ballot choices include the petitioning union, an intervening union (if applicable), and “No Representation.”
  • The election is determined by a majority of ballots returned. A tie vote results in “No Representation” being certified.

Card Check of Records

  • A card check is only conducted when the petitioning union submits showing of interest cards from more than 50% of the employees in the proposed bargaining unit.
  • PERC directs the employer to provide PERC with employment records with the signatures of the eligible employees.
  • No ballots are sent to employees. The signatures on the showing of interest cards filed with the petition are verified against the signature on the employment record. Matching signatures count as a “yes” vote.
  • Employees are given the opportunity to request their signature not be used for the purpose of a card check.

Following the election or card check, a certification of the result is issued and the case is closed.

Hearing

A hearing will be held to resolve any dispute if the employer or union challenge or question:

  • The eligibility of any employee.
  • The appropriateness of a bargaining unit.
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