§ 95.23. Unit clarification.
(a) If no question of representation exists, a petition for clarification of an existing bargaining unit may be filed by the collective bargaining representative or by the public employer.
(b) A petition for unit clarification shall contain the following:
(1) The name of the employer and the name of the collective bargaining representative.
(2) The address of the employer.
(3) A description of the present bargaining unit and, if the bargaining unit is certified, an identification of the existing certification.
(4) A description of the proposed clarification.
(5) The names and addresses of other persons or employe organizations who claim to represent any employes affected by the proposed clarifications and brief descriptions of the contracts, if any, covering those employes.
(6) The number of employes in the present bargaining unit and in the unit as proposed under the clarification.
(7) The job classifications of employes as to whom the issue is raised and the number of employes in each classification.
(8) A statement by petitioner setting forth the reasons for requesting the clarification.
(9) The name, affiliation if any, and address of the petitioner.
(10) Other relevant facts.
(c) When unit clarification is jointly requested by the collective bargaining representative and the public employer, the Board Representative will have the authority to issue an appropriate order of unit clarification.
Authority The provisions of this § 95.23 issued under section 4(b) of the Pennsylvania Labor Relations Act (43 P.S. § 211.4(b)); and the Public Employe Relations Act (43 P.S. § § 1101.101—1101.2301).
Source The provisions of this § 95.23 adopted May 16, 1975, effective May 17, 1975, 5 Pa.B. 1301; amended August 20, 1982, effective August 21, 1982, 12 Pa.B. 2788. Immediately preceding text appears at serial pages (50248) to (50249).
Notes of Decisions Consolidated Petitions
If a petition for representation is filed by a union representative which requires a redetermination of unit appropriateness and if unit clarification petitions require an identical determination, it is not error to act on the consolidated petitions. Independent Association of Pennsylvania Liquor Control Board Employees v. Labor Relations Board, 409 A.2d 532 (Pa. Cmwlth. 1980).
Individual Employes
Once the Board exercises exclusive jurisdiction to determine an appropriate bargaining unit, the arbitrator may decide whether individual employes fall within the scope of that unit in contractual grievance procedures. West Shore School District v. West Shore Education Association, 519 A.2d 552 (Pa. Cmwlth. 1986); appeal denied 536 A.2d 1335 (Pa. 1987).
Petition Filing Required
Where aluminum workers union and the United Steel Workers Union of America merged, but failed to file a petition pursuant to subsection (b) of this section to amend the certification to reflect the merger, the court refused to find for purposes of Public Employe Relations Act that in the absence of certification USWA possessed an enforceable right to bargain on behalf of the merged unit. United Steel Workers of America v. Ford City Borough, 30 PPER (LRP) P30,031 (January 20, 1999).
Unit Clarification
Although section 604 of the Pennsylvania Employee Relations Act (P. L. 563) (43 P. S. § 1101.604) does not specifically outline a procedure for unit clarification, the regulations of the Board in subsection (a) do provide for unit clarification proceedings. Gateway School District v. Labor Relations Board, 470 A.2d 185 (Pa. Cmwlth. 1984).
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