Title 4 Part 202

Scope

The following relates to public employees of a local government which has acted through its

legislative body pursuant to section 206.1 of the act and established an impartial agency to

administer procedures not inconsistent with section 207 of the act and pertinent sections of this

Chapter.

Petitions; filing

A petition to review a question concerning the certification of an employee organization under

procedures established by a local government pursuant to section 206.1 of the act (hereinafter

called a petition for review), may be filed by one or more public employees within the affected

negotiating unit or any employee organization acting in their behalf, or by a public employer;

provided, however, that individual employees may not seek certification. Petitions under this

section shall be in writing and signed and shall be filed with the director. Petition forms will be

supplied by the board upon request, or will be available on the agency’s website. Before the

submission of a case to the board pursuant to section 202.8 of this Chapter, the petition may be

withdrawn only with the consent of the director. After the submission of a case to the board, the

petition may be withdrawn only with consent of the board. Whenever the director or the board,

as the case may be, approves withdrawal of any petition, the case shall be closed.

Time for filing of petitions

local government pursuant to section 206.1 of the act has certified or decertified an employee

organization, determined that no employee organization should be certified in an appropriate

negotiating unit, or refused to decertify an employee organization.

petition expeditiously may be filed not less than 30 days after petitioner has filed a petition for

certification or decertification with the impartial agency.

Contents of petition for review

A petition for review shall contain the following:

section 206.1 of the act, including copies of the petition and other documents filed in

such proceedings or issued by the impartial agency.

established by the local public employer are not consistent with the provisions of sections

206.1 and 207 of the act and pertinent sections of this Chapter, or that the decision of the

impartial agency is repugnant to the act and pertinent sections of this Chapter.

government, to assist or participate in any such strike, or to impose an obligation

to conduct, assist or participate in such a strike;

201.4 of this Chapter, is met;

represent any public employees within the allegedly appropriate unit. If there is

any contract covering the public employees in such unit, petitioner shall specify

the duration, the parties and the unit included in the contract, or attach a copy of

the contract.

or are currently being recognized by the public employer and which claim to

represent the employees in the unit involved, and the expiration date of any

contract covering such employees;

set forth in sections 201.3 and 201.4 of this Chapter, is met; and

in a strike or have caused, instigated, encouraged or condoned a strike against any

government.

Intervention

Intervention is permitted in accordance with the procedures specified in section 212.1 of this

Chapter.

Notice of pending petitions

Notice of pending petitions shall be provided in the manner specified in section 201.7 of this

Chapter.

Investigation and hearing

applicable, whether the showing of interest requirement, as set forth in sections 201.3 and 201.4

of this Chapter, has been met. The investigator shall also consider whether the procedures

established by the local public employer are consistent with the provisions of sections 206.1 and

207 of the act and pertinent sections of this Chapter, and whether the decision of the impartial

agency is repugnant to the act and pertinent sections of this Chapter.

event the procedures shall be those specified in Part 212 of this Chapter.

Decision by administrative law judge

Upon completion of the proceedings, the administrative law judge shall issue a decision and

submit the record of the case to the board, as specified in Part 201.10 of this Chapter.

Exceptions to decision of administrative law judge; action by the board

Exceptions to a decision of the administrative law judge and final action by the board shall be as

set forth in section 201.11(a) and Part 213 of this Chapter.