§ 95.13. Consent to election request.
(a) If a public employer consents to an election request by a public employe, a group of public employes or an employe organization, the consent shall be given in writing to the party giving notice within 10 days of the receipt of an election request.
(b) Upon consent to an election request, a joint election request shall be submitted to the Board, in triplicate, upon forms prepared by the Board, which shall include the following:
(1) A description and factual statement in support of the unit deemed appropriate.
(2) The basis for alleging a 30% interest or more.
(3) A list of all unit employes prepared by the employer in the order requested by the Board with occupations or classifications of those agreed upon as eligible to vote.
(4) Suggested times and places of holding the election.
(5) The budget submission date of the public employer.
(6) A 1% showing of interest among employes within the requested unit is required before another employe representative may be placed on the ballot. A 10% showing of interest among employes within the requested unit is required before another employe representative may be permitted to intervene as a party.
(7) If a public employer refuses to consent within the 10-day period to an election, the party making the request may file a petition for representation election. A public employer may file a petition for representation election if, after receiving a notice for an election request, the moving party thereafter fails to submit a joint election request within 10 days after consent is given by the employer.
(c) Five days prior to the submission to the Board of the joint election request, the employer shall post on the bulletin boards at all locations where employes in the requested unit work, a copy of the joint election request and a statement that the request will be filed with the Pennsylvania Labor Relations Board, 418 Labor and Industry Building, 651 Boas Street, Harrisburg, Pa. 17121, for the purpose of securing from that Board a certification of
as the exclusive bargaining representative for the (Name of employe representative) employes within the unit.
Authority The provisions of this § 95.13 amended under section 4(f) of the Pennsylvania Labor Relations Act (43 P.S. § 211.4(f)); and section 502 of the Public Employe Relations Act (43 P.S. § 1101.502).
Source The provisions of this § 95.13 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419; amended September 10, 1971, effective September 11, 1971, 1 Pa.B. 1805; amended February 7, 2020, effective February 8, 2020, 50 Pa.B. 792. Immediately preceding text appears at serial pages (268603) to (268604).
Notes of Decisions Showing of Interest
Union could not obtain representation through a motion to intervene, unsupported by the requisite showing of interest. In the Matter of the Employees of Allegheny County, 30 PPER (LRP) P30,199 (1999).
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