503 EXCLUSIVE RECOGNITION AND NONCOMPENSATION UNIT DETERMINATION

503.1 A labor organization seeking exclusive recognition as the representative for an appropriate unit may file a “recognition petition.” The recognition petition must include the following:

1. (a) A description of the proposed unit, including the name, address, and telephone number of the employing agency (and agency subdivision, if any), the number of employees in the proposed unit, and the general classifications of employees;
2. (b) The name, address, and telephone number of any other labor organization known to the petitioner that claims recognition as a representative of any employees in the proposed unit;
3. (c) A statement as to whether there is a collective bargaining agreement in effect covering the proposed unit or any part of it, including the effective date and expiration date of any such agreement;
4. (d) A statement as to how the employees in the proposed unit share a community of interest, by virtue of such common factors as skills, working conditions, supervision, physical location, organizational structure, distinctiveness of functions performed, or the existence of integrated work processes;
5. (e) A roster of the petitioner’s officers and representatives, a copy of its constitution, articles of incorporation, and bylaws, if any, and a statement of its objectives; and
6. (f) A statement that the petitioning labor organization subscribes to the standards of conduct for labor organizations, as set forth in § 1703(a) of the CMPA, D.C. Official Code § 1-617.03(a) (2016 Repl.).

503.2 A petition for exclusive recognition must be supported by a showing of interest, not more than one year old, that at least thirty percent (30%) of the current employees in the proposed unit desire representation by the petitioner. Evidence of the employees’ showing of interest must be submitted to the Board by commercial delivery, U.S. mail, or personal delivery to the Board’s office. Forms of evidence may include the following:

1. (a) Current dues deduction authorizations;
2. (b) Notarized membership lists;

(c) Membership cards;

(d) Individual authorization cards or petitions signed and dated by employees indicating their desire to be represented by the labor organization; or

(e) Other evidence as determined appropriate by the Board.

503.3 Upon service of the recognition petition by the petitioner, the agency must prepare an alphabetical list of all employees in the proposed unit for the last full pay period before the filing of the petition. The list must distinguish between professional and nonprofessional employees. This list, along with any comments concerning the petition, must be served on the Board no later than fourteen (14) days after the agency's receipt of the petition. The Executive Director may request additional payroll records from the agency in order to properly investigate the showing of interest.

503.4 The Board or its designee must determine whether the petitioner's evidence adequately shows that at least thirty percent (30%) of the employees in the proposed unit desire representation by the petitioner. While signed and dated authorization cards, in accordance with § 503.2, will always be accepted as adequate evidence, other forms of evidence may be considered adequate by the Board as prescribed under § 503.2 and § 503.12. The showing of interest determination may not be subject to appeal.

503.5 If the petition is amended to seek to represent a unit different from that in the original petition, the amended petition must be accompanied by a thirty percent (30%) showing of interest in the new unit.

503.6 In cases where an agency's staffing fluctuates due to the seasonal nature of the work or in cases where a unit is expanding, a showing of interest is required only among those employees employed at the time the petition was filed.

503.7 If the status of employees in the proposed unit or the appropriateness of the unit is disputed, the Executive Director may conduct proceedings to resolve the dispute.

503.8 If the Executive Director is unable to resolve issues concerning the eligibility of employees or unit appropriateness, a hearing may be ordered in the matter. If the hearing examiner recommends a change in the unit, the petitioner may submit additional evidence to establish a showing of interest in the changed unit, no later than seven (7) days after the issuance of the hearing examiner's report and recommendation.

503.9 The Board must maintain the confidentiality of the showing of interest submitted

in support of a petition filed under this section or § 506, and this evidence will not be available for public access.

503.10 If the requirements of §§ 503.1, 503.2, and 503.3 are met, the Executive Director must prepare a notice of recognition petition to be posted by the agency in conspicuous places on all employee bulletin boards at work sites of employees in the proposed unit and to be distributed in a manner by which notices are normally distributed. The agency must post the notice no later than seven (7) days after the Board's service of the notice and keep it posted for fourteen (14) consecutive days. The notice must include the following:

(a) The name of the petitioner;

(b) A description of the proposed unit;

(c) The date the notice was posted;

(d) The name of any other labor organization currently representing employees in the proposed unit; and

(e) The requirements for intervention by any other labor organization.

503.11 A labor organization may file an intervention petition within the period required by the notice. The intervention petition must contain the same information as required of a petitioner under § 503.1.

503.12 An intervention petition must be accompanied by:

(a) A showing of interest that at least ten percent (10%) of the employees in the bargaining unit set forth in the petition for exclusive recognition wish to be represented by the intervening labor organization, unless a different unit is proposed by the intervenor, in which case a showing of interest of at least thirty percent (30%) must accompany the intervenor's petition; or

(b) Where applicable, a statement that the intervenor is the incumbent exclusive representative of the employees in the proposed unit. The incumbent labor organization must be allowed to intervene as a matter of right without submitting any showing of interest.

503.13 If the intervenor's showing of interest is insufficient, the request for intervention will be denied.

503.14 A petition for exclusive recognition will be barred if:

(a) During the previous twelve (12) months, a valid majority status determination has been made for substantially the same bargaining unit, a certification of representative has been issued, or the Board has determined the compensation unit placement; or

(b) A collective bargaining agreement is in effect covering all or some of the employees in the bargaining unit unless:

(1) The agreement is of three (3) years or shorter duration and the petition is filed between one hundred twenty (120) and sixty (60) days before the scheduled expiration date or after the stated expiration of the contract; or

(2) The agreement has a duration of more than three (3) years and the petition is filed after the contract had been in effect for nine hundred seventy-five (975) days.

503.15 Upon the filing of a petition under § 503.1 or § 503.11, the Executive Director may conduct a preliminary investigation. Thereafter, the Board must take appropriate action, which may include any one or more of the following:

(a) Approving a withdrawal request;

(b) Dismissing the petition;

(c) Conducting an informal conference;

(d) Holding a hearing;

(e) Conducting an election; or

(f) Approving the petition certifying the labor organization pursuant to § 503.17.

503.16 Hearings under § 503.15(d) are investigatory and not adversarial.

503.17 If the choice available to employees in an appropriate unit is limited to the selection or rejection of a single labor organization, the Board may approve the employing agency to recognize the labor organization without an election on the basis of evidence that demonstrates majority status (more than fifty percent (50%) support for the petitioning labor organization), such as documentary proof not more than one year old, indicating that a majority of employees wish to be represented by the petitioning labor organization. The Executive Director must determine majority status and must recommend to the Board whether certification

should be granted without an election.

(a) If the proposed unit contains professionals and nonprofessionals, recognition without an election may be permitted only if a majority of the professional employees petition for inclusion in the unit.

503.18 If the choice available to employees in an appropriate unit includes two (2) or more labor organizations, the Board must order an election in accordance with these rules.

SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020).