Section Pub 301.01 - Election of Exclusive Representative(a) A petition for certification as the exclusive representative of a bargaining unit having no certified representative may be filed at any time. A petition for certification as the exclusive representative of a bargaining unit for which a collective bargaining agreement constituting a bar to election under RSA 273-A:11 (b), I presently exists shall be filed no more than 240 days and no less than 180 days prior to the budget submission date of the affected public employer in the year that agreement expires, notwithstanding any provisions in the agreement for extension or renewal.(b) Any petition filed less than 180 days prior to the budget submission date of the affected public employer shall be accompanied by an explanation of why the petition could not have been filed sooner. The board shall refuse to entertain any petition filed so close to the budget submission date of the affected employer that the board cannot reasonably conduct the election called for in the petition within 120 days of the budget submission date.(c) The petition under (a) and (b) above shall set out:(1) The name, address, and telephone number of the employee organization, employee group, or person responsible for petitioning for certification as the exclusive representative of the bargaining unit, and of its representative, and the affiliation, if any, of the employee organization;(2) The name, address, and telephone number of the affected public employer and of its representative;(3) A description of the proposed bargaining unit, together with the total number of employees in the proposed bargaining unit, their classifications and the number of employees in each classification, any category of employee proposed to be excluded from the bargaining unit, and the reason for excluding that category:(4) The name, address, telephone number, and affiliation of any exclusive representative presently representing the bargaining unit;(5) The expiration date of any existing collective bargaining agreement; and(6) The budget submission date of the public employer.(d) The petitioner shall provide this information on Form P-1 "Petition for Certification-New Bargaining Unit," dated 9-15-16, or Form P-2 "Petition for Certification - Challenge to Existing Representative," dated 9-15-16.(e) A petition filed under this section shall, when appropriate, contain a statement that the certification of the proposed bargaining unit has been agreed upon by the affected employer so indicating that no objection to the certification is to be filed.(f) A petition filed under this section shall also contain a statement that at least 30% of the employees in the proposed bargaining unit wish to be represented by the employee organization named in the petition.(g) Petitions seeking certification of an employee organization as the exclusive representative of a proposed bargaining unit composed of professional and non-professional employees shall be supported by the requisite percentage of employees in each category.(h) Individual petition cards, evidencing that the requisite number of employees in the proposed bargaining unit desire an election to be held, shall accompany the petition but shall be kept separate from the petition in order to ensure their confidentiality. Employees who wish to submit petition authorization cards shall complete Form A-1 "Authorization Card," dated 9-15-16, or Form A-3 "Decertification Card," dated 9-15-16.(i) Petition cards shall, at a minimum, disclose the purposes for which they were solicited, the name of the labor organization or employee group soliciting same, and bear the signature and typewritten or printed name of the employee and the date the signature was obtained.(j) If an employee has signed more than one petition card and has signed a statement repudiating a previously signed petition card, the board shall recognize the last dated card or statement.(k) The board shall review the sufficiency of petition cards as soon as practicable once the board concludes, in its discretion, that it has received sufficient information to complete this determination. The board shall accept and review any subsequently filed petition cards or revocations of petition cards up to the time of its determination. Upon the completion of its determination the board shall notify the parties by order of its conclusions as to the sufficiency of petition cards and shall not thereafter accept nor review additional petition cards, regardless of whether such petition cards are filed by additional employees or represent revocations of previously filed and reviewed petition cards. Employees who wish to revoke a previously signed Form A-1 "Authorization Card" shall complete and file Form A-2 "Revocation of Authorization Card," dated 9-15-16.(l) In determining whether the requisite number of employees in the proposed bargaining unit desire an election to be held, the board shall not consider: (1) Any undated signature;(2) Any signature obtained more than 6 months prior to the date the petition was filed; or(3) The signature of any employee who is no longer employed in the proposed bargaining unit when the petition is filed.(m) Any person filing a petition for certification shall at the same time deliver a copy of the petition to any employee organization identified in the petition and to the public employer identified in the petition.(n) The public employer shall display copies of the petition at locations where employees of the existing or proposed bargaining unit work on the next working day following receipt of the petition. When it is necessary for a public employer to display copies of the petition at diverse locations because potential bargaining unit members work at sites remote from the place where the administration of the public employer is located, copies of the petition shall be mailed to those remote locations no later than the next working day following receipt of the petition. The copies so mailed shall be displayed at those remote locations on the same day they are received.(o) The public employer identified in the petition shall forward to the board as expeditiously as possible a complete list of the names of the employees in the bargaining unit proposed in the petition in order to permit the board to compare this list with the names submitted in support of the petition.(p) A petition filed under this section shall bear a conspicuous notice that exceptions and petitions to intervene shall be filed within 15 days of the date the original petition is filed. Exceptions shall set out a clear and concise explanation of any factual or legal reasons why the board should not entertain the petition.(q) A pre-hearing conference as described in Pub 202.01 may be scheduled when, for example: (1) Issues revealed in pleadings might be disposed of or thereby clarified; or(2) Evidentiary or procedural matters might be expedited.(r) If the board determines that the requisite showing of interest has been made, it shall proceed to determine the appropriate bargaining unit under Pub 302 and then to conduct an election under Pub 301.N.H. Admin. Code § Pub 301.01
#2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91
New. #5679, eff 8-4-93, EXPIRED: 8-4-99
New. #7093, INTERIM, eff 9-9-99, EXPIRES: 1-7-00; ss by #7187, eff 1-8-00, EXPIRED: 1-8-08
New. #9081-B, eff 1-29-08
Amended by Volume XXXVI Number 41, Filed October 13, 2016, Proposed by #11176, Effective 9/16/2016, Expires 9/16/2026.Amended by Volume XXXVII Number 41, Filed October 12, 2017, Proposed by #12378-B, Effective 9/13/2017, Expires 9/13/2027.