|
|
The Statute provides that an agency shall
recognize a labor organization as the exclusive representative of employees in a
bargaining unit, if that organization has been selected as the representative by a
majority of the unit’s employees who voted in a secret ballot election.
In order
for a union to represent employees, it must first file a petition with the Federal Labor
Relations Authority.
That petition must establish:
- A "showing of interest" that at least 30% of the employees in the proposed
unit wish to be represented by the union as evidenced by their signatures.
- That the unit is appropriate.
To be appropriate, a unit must:
- Insure a clear and identifiable community of interest among unit employees.
- Promote effective dealings with the agency.
- Promote the efficiency of agency operations.
Employees already represented by a union may petition the FLRA to be represented by
another union or to be unrepresented. A petition must be filed with signatures of at least
30% of the employees in the unit asserting that the exclusive representative is no longer
the representative of a majority of unit employees. Provided at least one year has elapsed
since a representation election was conducted, the FLRA will hold an election and
representation (or lack thereof) will be determined by a majority of the ballots cast. A
negotiated agreement between labor and management bars another union from seeking to
represent the bargaining unit until shortly before the expiration of the existing
negotiated agreement. At that time (not more than 105 or less than 60 days prior to the
expiration of an agreement of 3 years or less), the FLRA will consider timely a petition
filed by a rival union. |
In addition to determining questions of
representation, petitions may be filed to amend or clarify the description of a bargaining
unit, and to consolidate two or more bargaining units, or to decertify an existing unit.
RELATED
TOPICS: Representational Rights of Union |
|
