Section 29.02. Petition for certification based on authorization card majority.

 

(1)   Who may file. A petition to determine a collective bargaining representative for a bargaining unit of unrepresented research assistants may be filed by a labor organization.

(2)   Form, number of copies, and filing . The petition shall be in writing and shall include the signature or a facsimile of the signature of the representative filing the petition. A petition is not filed unless it contains the required signature or signature facsimile and unless and until the petition has been actually received by the commission at its Madison office during normal business hours specified in s. ERC 10.06 (1) . The petition shall be transmitted to the commission as set forth in s. ERC 10.06 (1) . If the petition is filed in paper form, a total of two copies of the petition shall be included. The original authorization cards required by sub. (3) shall be transmitted to the commission in paper form by physical delivery or mail. The petition is not filed until both the petition and the authorization cards have been received by the commission at its Madison office during normal business hours specified in s. ERC 10.06 (1) .

(3)   Authorization cards.

(a) The petition shall be supported by authorization cards, signed within one year of the filing of the petition, by a majority of the research assistants in the collective bargaining unit involved.

(b) Authorization cards shall either substantially conform to the model card set forth in par. (c) or shall include all of the following:

1. The name, campus and department of the research assistant, in printed or otherwise legible form.

2. The name of the labor organization referred to in the card, in printed or otherwise legible form.

3. Statements reflecting that the research assistant favors establishment of a bargaining unit of research assistants exclusively represented for collective bargaining by the labor organization and understands that such representation may be based upon a majority of authorization cards without an election.

4. A statement reflecting that the research assistant has signed the card freely and without coercion by anyone.

5. The signature of the research assistant.

6. The date of signature.

(c) Model authorization card.

Research Assistant Authorization Card

Name (please print) __________________________________

Campus and Department (please print) __________________

Labor Organization (please print) ______________________

I favor establishment of a bargaining unit of research assistants exclusively represented for collective bargaining by the above labor organization. I understand that such representation may be based upon a majority of authorization cards without an election. I have signed this card freely and without coercion by anyone.

___________________________   _________________

Research Assistant's Signature   Date of Signature.

(d) Authorization cards shall be effective for one year after the date the card is signed and shall not be subject to revocation.

(e) The signing of a card shall not prevent the research assistant from signing another such card supporting representation by another labor organization.

(4)   Contents . The petition shall include all of the following:

(a) The name, address and affiliation, if any, of the petitioner, and the name, address and phone number of its principal representative. Fax numbers and e-mail addresses shall be included, if available.

(b) The name and address of the employer involved, and the name, address and phone number of its principal representative. Fax numbers and e-mail addresses shall be included, if available.

(c) A description of the collective bargaining unit involved, specifying inclusions and exclusions, as well as the approximate number of employees in the unit.

(d) A statement that the collective bargaining unit involved is not currently represented for purposes of collective bargaining.

(e) Any other relevant facts.

(5)   Effect of pendency on other proceedings. The pendency of a petition for certification by authorization card majority shall have the following effects on other proceedings:

(a) The pendency of the petition shall preclude the petitioner from separately filing another petition for certification by authorization card majority regarding the same bargaining unit.

(b) The pendency of the petition shall have no effect on the petitioner's right to separately file a petition for a secret ballot election regarding the same bargaining unit, except as provided in s. ERC 29.07 (4) .

History: CR 10-019 : cr. Register June 2010 No. 654 , eff. 7-1-10.