Unit clarifications are used to add or remove employees from an existing bargaining unit to ensure the bargaining unit continues to be appropriate after there has been a change in status.

  • Unions may file to clarify units they currently represent.
  • Employers may file to clarify units that are included in its workforce or amend an existing certification.
  • Individual employees cannot file unit clarification petitions.

The reason for the the unit clarification petition determines when the petition can be filed.

A case can be filed at any time to address:

    • Newly created positions
    • Allocation of employees claimed by two or more bargaining units
    • Employees eligible for interest arbitration
    • Confidential Employees

    For Supervisory or Part-time employees:

    A petition will only be timely if:

    • The party challenging the status of the employee has put the other party on notice during negotiations for the next collective bargaining agreement and;
    • The unit clarification petition is filed prior to the signing of the next collective bargaining agreement.

    For a change of circumstances:

    Petitions concerning a change of circumstances that potentially alters the community of interest of an existing bargaining unit as to require positions to be added or removed must be filed within a reasonable time of the change.

    • Change of circumstances is any event that alters the duties, skills, or working conditions of the employees in the bargaining unit.
    • Community of interest is grouping employees by similar work, duties, skills, or working conditions to create appropriate units.

A hearing will be held to resolve any dispute regarding:
  • The timeliness of a unit clarification petition.
  • The supervisory, confidential, or part-time status of an employee.
  • The appropriateness of adding or removing positions from the existing bargaining unit.

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