AN ACT CONCERNING LABOR UNION AUTHORIZATION CARD CHECKS.

This bill permits the State Board of Labor Relations (“the board”) to recognize a public employee union as the exclusive representative of an employee unit when a majority of the employees sign union authorization cards and certain conditions are met. The bill allows the card authorization union process in addition to the petition process and secret ballot process in existing law.

The bill sets up the same authorization procedure in the separate collective bargaining laws for state employees and municipal employees.

The card authorization process is triggered when (1) a unionization petition is filed with the board and there is a question or controversy regarding it, (2) there is only one union seeking the designation, and (3) a majority of the employees have signed union authorization cards indicating a preference for the union seeking designation.

When the conditions are met, the board designates an agent to investigate the petition and determine the validity of the authorization cards. The agent reports his or her findings to the board.

Before taking any of the actions permitted under the bill, the board must provide the parties with the opportunity to file briefs on the issues and it must hold a hearing.

The bill authorizes regulations to implement its provisions. It also makes conforming changes.

Before taking any of the actions permitted under the bill, the board must (1) provide the parties with the opportunity to file briefs on the issues, (2) fully consider such briefs, and (3) hold a hearing. After a hearing, the board can take action appropriate to the situation. The hearing can be held on whether (1) the agent should investigate the petition; (2) the union should be certified based on the signed cards; or (3) to order, upon good cause, another suitable method (presumably a secret ballot vote) to determine the question of union representation.

Under the bill, a petition may be filed with the labor board by an employee, employer, or a representative of an employee or the employer alleging a question or controversy exists concerning a union's representation of an employee bargaining unit. The board must refer the petition to an agent for an investigation if (1) only one union is seeking the designation and (2) a majority of the employees have signed union authorization cards indicating a preference for that union as the unit's exclusive representative.

The bill requires the agent to investigate the petition and determine the validity of the authorization cards. The cards must indicate a preference for the union and be printed in a language understood by the employee who signs it. The agent must determine whether a majority of the employees in question signed valid authorization cards designating the union as the unit's exclusive representative.

When the investigation is complete, the agent reports his or her findings to the board. The board must issue an order confirming the results of the authorization card check and certify the results.

The bill sets up the same authorization procedure with the required investigation and opportunity to file briefs and hold a hearing in each of the collective bargaining laws for employees working for (1) the state and (2) municipalities. The existing law for each type of employees is largely the same (see BACKGROUND).

Under the State Employee Relations Act, a union can notify the labor board that 30% or more of the employees in an employee unit wish to be exclusively represented by the union. Once notified, the board can certify that the majority of the unit's employees choose to be represented by the union, if there is no challenge, and certify the union.

If there is a challenge or the board finds that more than 30% but less than a majority of the employees want the union representation, the board must order a secret ballot election regarding unionization. With this order, the board designates an agent to investigate the petition with three possible outcomes for the agent:

1. order and conduct an secret ballot election if the agent finds reasonable cause to believe a question of representation exists,

2. issue a recommendation to dismiss the petition if the agent finds no reasonable cause, or

3. refer the petition to the board for a hearing without having conducted an election or issuing a recommendation of dismissal.

Depending upon the agent's decision, respectively, the board must (1) certify the results of the election, (2) confirm the dismissal, or (3) hear the matter and give the parties appropriate notice. In situations where the agent does not call for a hearing, the board must give the parties an opportunity to file briefs and the board must hold a hearing before making a decision.

The Municipal Employee Relations Act (MERA) is similar to the State Employee Relations Act (SERA) in most major respects except under MERA, the petition initiating the union process must allege a “substantial number” of the unit's employees support unionization. In SERA, the law specifies a threshold of 30% of the employees in the bargaining unit. MERA also does not allow a union to be certified without a secret ballot; SERA allows certification if there is no challenge to the petition.

1. The petition triggers the same investigation process by the labor board and its designated agent.

2. The agent has the same three possible outcomes of the investigation.

3. The board has the same authority to respond to the agent's decision or recommendation and the board must give the parties the opportunity to file briefs and have a hearing.

sHB 6545 gives the right to collectively bargain to certain state employees (agency managers and legislative employees) who are not permitted to under current law. The Labor and Public Employees Committee voted the bill out favorably on March 10 and the Government Administration and Elections Committee did the same on March 25.

Yea

Nay

(03/12/2009)

Yea

Nay

(03/20/2009)