INSTITUTION OF REPRESENTATION PROCEEDINGS

1. (a) A public employe, employe organization or group of employes and the public employer may, when the public employe organization represents a majority of the employes in an appropriate unit, jointly submit to the Board a request for certification upon a form to be supplied by the Board.

2. (b) The request for certification shall set forth the following:

   1. (1) The name, address and telephone number of the public employer and the person to contact, including his title, if known.
   2. (2) The name, address and affiliation, if any, of the employe organization and the name, address and telephone number of its representative.
   3. (3) A description and factual statement in support of the unit claimed to be appropriate for the purpose of exclusive representation.
   4. (4) The budget submission date of the public employer.
   5. (5) The signatures of the parties, including their titles and telephone numbers.
   6. (6) A statement that the employe organization represents a majority of the employes in the unit and the method of determining the representative majority. Proof of the representative majority shall be submitted to the hearing examiner, if requested.
   7. (7) The names and addresses of known employe representatives, individuals, labor organizations or groups claiming to represent any of the employes in the bargaining unit.

   8. (8) Five days prior to the submission to the Board of the joint request for certification, the employer shall post on the bulletin boards at all locations where employes in the requested unit work a copy of the joint request for certification and a statement that the request will be filed with the Pennsylvania Labor Relations Board, 418 Labor and Industry Building, 651 Boas Street, Harrisburg, Pa. 17121, for the purpose of securing from that Board a certification of

      as the exclusive bargaining repre(Name of employe representative) sentative for the employes within the unit.

   9. (9) Other relevant facts.
3. (c) A 15% showing of interest among employes within the requested unit is required before an employe representative may be permitted to intervene.
4. (d) When the request for certification serves to effectuate the policies of the act, the Board Representative will issue an appropriate order of certification.

Authority

The provisions of this § 95.11 issued under section 4(b) of the Pennsylvania Labor Relations Act (43 P.S. § 211.4(b)); and the Public Employe Relations Act (43 P.S. § § 1101.101—1101.2301; amended under section 4(f) of the Pennsylvania Labor Relations Act (43 P.S. § 211.4(f)); and section 502 of the Public Employe Relations Act (43 P.S. § 1101.502).

Source

The provisions of this § 95.11 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419; amended August 20, 1982, effective August 21, 1982, 12 Pa.B. 2788; amended February 7, 2020, effective February 8, 2020, 50 Pa.B. 792. Immediately preceding text appears at serial pages (250736) and (268603).

Cross References

This section cited in 34 Pa. Code § 95.44 (relating to interventions).