Who can file a unit clarification petition?
- 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 may not file unit clarification petitions.
Timing for Filing
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.
Reason for a Hearing
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.