Ariz. Admin. Code § 4-2-201

Current through Register Vol. 30, No. 45, November 8, 2024

Section R4-2-201 - Contents of Petition for Election

A. A petition for certification election filed under A.R.S. § 23-1389(C) by an agricultural employee, a group of agricultural employees, an individual, or a labor organization acting on the employees' behalf, shall be signed under oath and shall contain the following information:

1. The name and complete contact information of the agricultural employer;

2. A description of the bargaining unit that the petitioner claims to be appropriate;

3. The approximate number of employees in the alleged appropriate unit;

4. A brief statement that the employer declines to recognize the petitioner as a bargaining representative, or that the petitioner is currently recognized but desires certification under the Act;

5. The name, affiliation, if any, and complete contact information of petitioner;

6. The name and complete contact information of any other person who claims to represent an employee in the alleged appropriate bargaining unit;

7. Whether a strike or picketing is in progress at the agricultural employer's establishment and, if so, the approximate number of employees participating, and the date the strike or picketing commenced;

8. A statement that the petition for election is supported by 30 % or more of the agricultural employees in the bargaining unit; and

9. Any other relevant fact.

B. A petition for decertification election filed under A.R.S. § 23-1389(J) by an agricultural employee, a group of agricultural employees, a labor organization, or an individual acting on the employees' behalf, shall be signed under oath and contain the following information:

1. The name and complete contact information of the petitioner;

2. A statement that:

a. A representative other than petitioner has been certified, or is currently recognized by the employer;

b. Petitioner desires to rescind the certification; and

c. Includes the unit claimed to be appropriate, a description of the unit, and the number of employees in the unit;

3. The name, affiliation, if any, and complete contact information of the person whose recognition or certification the petitioner seeks to rescind;

4. A statement whether the agricultural employer has a contract with any labor organization or other representative of its employees and, if so, the expiration date;

5. Whether a strike or picketing is in progress at the agricultural employer's establishment and, if so, the approximate number of employees participating, and the date the strike or picketing commenced;

6. A statement that the petition for decertification election is supported by 30 % or more of the agricultural employees in the bargaining unit; and

7. Any other relevant fact.

C. The Board shall not accept a petition for election that is submitted for filing if it does not contain all the information required by subsections (A) or (B).

D. The Executive Secretary shall, within 10 days after the filing of a petition for election with the Board, send a copy of the petition to the respondent named in the petition. If the Board certified a representative other than the petitioner, a copy of the petition shall also be sent to the certified representative.

Ariz. Admin. Code § R4-2-201

Adopted effective December 26, 1995 (Supp. 95-4). Amended by final rulemaking at 9 A.A.R. 460, effective January 21, 2003 (Supp. 03-1). Amended by final rulemaking at 28 A.A.R. 395, effective 4/5/2022.