DECERTIFICATION

A petition by a public employe, or a group of public employes, for decertification of public employe representative shall be filed with the Board not sooner than 90 days nor later than 60 days before the expiration date of a collective bargaining agreement; or after the expiration date until a new written agreement has been entered into; or, if no collective bargaining agreement has been entered into, not sooner than 1 year from the date the certification had become effective. The petition shall be on the form supplied by the Board and shall contain the following:

1. (1) A statement alleging that the employe representative certified by the Board, or currently recognized by the public employer, no longer represents a majority of the employes in the collective bargaining unit in which it is currently recognized or certified.
2. (2) A statement of the showing of interest of not less than 30% of the employes in the unit and the method of ascertaining the showing of interest. Proof of this statement shall be submitted to the hearing examiner, upon request. A showing of interest shall indicate that the employes no longer desire to be represented for the purpose of collective bargaining by the currently recognized or certified employe representative.
3. (3) The name and address of the employer.
4. (4) The name and address of the petitioner.
5. (5) The name and address of the incumbent representative.
6. (6) The date of expiration of the contract.
7. (7) The number of employes in the unit.
8. (8) The date of the last election.
9. (9) Other relevant facts.

Source

The provisions of this § 95.21 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419; amended July 30, 1976, effective July 31, 1976, 6 Pa.B. 1791. Immediately preceding text appears at serial page (17320).

Notes of Decisions

Names and Addresses

The ‘‘name and address of the petitioner’’ requirement should be liberally construed. In the Matter of the Employes of Endless Mountain Transportation Authority, 28 PPER (LRP) 28 151.