505 MODIFICATION OF UNITS

505.1 A petition for unit modification of either a compensation or non-compensation unit may be filed by a labor organization or by a labor organization and an agency jointly. A unit modification may be sought for any of the following purposes:

1. (a) To reflect a change in the identity or statutory authority of the agency;
2. (b) To add to an existing unit unrepresented classifications or employee positions created since the recognition or certification of the exclusive representative;
3. (c) To delete classifications that are no longer in existence or that, by virtue of changed circumstances, are no longer appropriate to the established unit; or
4. (d) To consolidate two (2) or more bargaining units within an agency that are represented by the same labor organization.

505.2 A petition for unit modification must include the following:

1. (a) The names and addresses of all labor organizations and agencies affected by the proposed change;
2. (b) A description of each existing unit and the proposed unit, including the name and address of the employer, the number of employees in the existing and proposed units, and the personnel and payroll classifications of the employees;
3. (c) The date of recognition or certification of each labor organization for the affected units;
4. (d) A copy of the documentation evidencing any existing recognition or certification; and
5. (e) A statement of the reasons for the proposed modification.

505.3 Upon the filing of a petition for unit modification, the Executive Director must prepare an official notice to be posted by the agency in conspicuous places on 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) days thereafter. The notice must indicate the following:

(a) The party or parties who filed the petition or initiated the proceedings;

(b) The names and addresses of all labor organizations that would be affected by the proposed modification;

(c) The existing and the proposed unit descriptions;

(d) A list of the compensation systems proposed to be included;

(e) The date the notice was posted; and

(f) A statement that, within fourteen (14) days after posting of the notice, any labor organization or person that would be affected may file written comments.

505.4 An affected labor organization may file a request to intervene in the case and any party may file comments concerning the proposed modification. All comments or requests to intervene must meet the requirements of § 502.

505.5 Upon the filing of a petition under this section, the Board may direct a preliminary investigation and thereafter must take appropriate action, which may be 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; or

(e) Granting the modification sought.

505.6 Hearings under § 505.5(d) are investigatory and not adversarial.

SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 42 DCR 6383 (November 17, 1995); 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).