Mo. Code Regs. tit. 8 § 40-2.030

Current through Register Vol. 49, No. 21, November 1, 2024.

Section 8 CSR 40-2.030 - Contents of Petitions

PURPOSE: This amendment allows petitions to be submitted electronically, requires parties to provide an electronic mail address, and adds the petition requirements for petitions for decertification, Unit Clarification, and Amendment of Certification.

PURPOSE: This rule describes the contents of petitions.

(1) All petitions shall be submitted through the board's website and shall contain substantially the following:

(A) Name, address, telephone number, and electronic mail address of the public employer and the person to contact including his/her title, if known;

(B) A description of the bargaining unit at issue. Such description shall indicate the general classifications of employees and the approximate number of employees in the bargaining unit;

(C) Date of the request for recognition as majority representative and date such request was declined by the public employer or a statement that no reply has been received;

(D) Name, address, electronic mail address, and telephone number of the voluntarily recognized or certified exclusive representative, if any, and the date of such certification and the expiration date of any applicable contract, if known to the petitioner;

(E) Names, addresses, electronic mail addresses, and telephone numbers of any other interested employee organizations, if known to the petitioner;

(F) Any other relevant facts;

(G) Name and affiliation, if any, of the petitioner and its address, electronic mail address, and telephone number;

(H) The signature of the petitioner's representative, including his/her title, telephone number, electronic mail address, and facsimile number; and

(I) A petition for certification or decertification shall be accompanied by a showing of interest as defined in 8 CSR 40-2.010(1)(F) of not less than thirty percent (30%) of the employees in the unit alleged to be appropriate to be approved by the board. Such showing of interest shall be dated not more than six (6) months prior to filing the petition.

(2) A petition for certification or decertification filed by a public employer shall state that a claim for representation has been made by one (1) or more public employees, groups of public employees, individuals, or employee organizations and that the public employer has a good faith doubt concerning the majority representative of its employees.

(3) In addition to the requirements above, all petitions for decertification shall additionally include a statement that the employees in the collective bargaining unit no longer wish to be represented by their currently certified representative.

(A) If the decertification petition is submitted by a third party having a legitimate interest, the third party must also file a petition of intervention pursuant to section 8 CSR 40-2.130.

(4) Petition for Unit Clarification and Amendment of Certification may be filed by the majority representative of the public employees or the employer. A Petition for Unit Clarification may be filed when the petitioner(s) seeks clarification of the placement of certain job classifications in a bargaining unit previously certified by the board. A Petition for Amendment of Certification may be filed when the petitioner seeks an amendment to reflect changed circumstances (such as merger or affiliation) in a unit covered by a certification and where no question concerning representation exists. In addition to the requirements of 8 CSR 40-2.030(1), Petitions for Unit Clarification and Petitions for Amendment of Certification shall include:

(A) The proposed clarification of the unit or amendment of certification; and

(B) A statement by the petitioner setting forth reasons as to why clarification or amendment is requested.

8 CSR 40-2.030

AUTHORITY: section 295.070, RSMo 1994.* Original rule filed Dec. 31, 1975, effective Jan. 10, 1976. Amended: Filed May 3, 1999, effective Nov. 30, 1999.

Amended by Missouri Register September 1, 2022/Volume 47, Number 17, effective 10/31/2022

*Original authority 295.070, RSMo 1947.