Filing a Representation Petition

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Filing a Representation Petition
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What is a Representation Petition

• Handles and resolves all issues concerning the
  representation of employees by a Labor
  Organization
• Processed by the Federal Labor Relations
  Authority (FLRA) for Federal employees
• National Labor Relations Board (NLRB) for Private
  Sector and DC Government employees.

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Types of Representation Petitions

• Election Petition (RO)
• Clarification of Unit (CU)/Amendment of
  Certification (AC)
• name change
• accretion
• successorship
• Unit Consolidation (UC)
• Decertification

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Standing to File a Petition

• A labor organization
• Two or more labor organizations
• An agency
• An individual

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What to File

• Petitions are filed using the FLRA Form 21
• Download from
• flra.gov/forms/forms.html

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Purposes of a Petition

• Election Petition
• To request
• an election to determine if employees in an
  appropriate unit wish to be represented for
  collective bargaining by an exclusive
  representative
• An election to determine if employees in a unit
  no longer wish to be represented for the purpose
  of collective bargaining by an exclusive
  representative

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Purposes of a Petition (contd)

• Clarification of Unit Petition
• To clarify and/or amend a recognition or
  certification in effect.
• Unit Consolidation Petition
• To consolidate two or more units in an agency

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Completing FLRA Form 21

• 1 Statement of Purpose (Consolidated Unit
  Election)
• AFGE is requesting an election to represent and
  add-on all professional/nonprofessional/nurses
  of the VAMC, Nashville, TN to its existing
  nationwide consolidated bargaining unit. (Ref
  ------) (uc), (date)

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Completing FLRA Form 21 (contd)

• Statement of Purpose (CU)
• Clarification of Unit to clarify the bargaining
  unit status of all employees of the VA OPC,
  Boston, MA, to be included in the existing AFGE
  consolidated bargaining unit.
• To clarify the existing AFGE bargaining unit, to
  include all Human Resources Assistant, of the
  VAMC, Boston, MA.

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Completing FLRA Form 21(contd)

• Statement of Purpose (Name Change)
• Requesting to amend the certification in effect,
  for the unit formerly recognized as unit
  description, to reflect the following unit
  description new unit name/description.
• Statement of Purpose (Unit Consolidation)
• To consolidate () units of professional and
  nonprofessional employees of the Dept of Economic
  Development, represented by the AFGE and its
  Locals, and certify AFGE as the exclusive
  representative.

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Completing FLRA Form 21 (contd)

• 2- Description of Unit(s)
• Included All professional/nonprofessional
  employees of the name and location of unit.
• Excluded All supervisors, management officials,
  and employees as described in 5 U.S.C. 7112(b)
  (2) (3) (4) (6) and (7).

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Completing Form 21 (contd)

• 3 Number of employees in affected unit
• Currently
• Proposed
• 4 Petition supported by at least
• 30 showing of interest
• 10 evidence of membership

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Completing Form 21 (contd)

• 5a Petitioner
• AFGE (for new units)
• AFGE/Local
• Petitioner Contact
• Your name, address phone

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Other Contents of Form 21

• Name mailing address of agency and agency
  contact
• Other Labor organization, and contact information
• Date of Recognition/Certification and expiration
  of current agreement (if applicable)
• Signature of petitioner, and date of petition

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Where do I File

• With Regional Director (RD) of FLRA region where
  unit is located
• For nationwide units file with FLRA region of the
  agency headquarters

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Service Requirement

• An original and two copies of petition
  w/attachments to the RD
• Petition only to agency and other labor
  organization, if applicable
• 30 Showing of Interest
• Alphabetical Listing of showing
• Certificate of Service

for election petitions only
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Common Mistakes

• Statement of Purpose unclear
• Missing or unclear unit description
• Missing size of current or proposed unit
• Wrong petitioner
• Missing activity contact information
• Unsigned petition
• Not sent to MO for review and designation of rep.

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Defective Petitions

• No showing of interest
• No statement of purpose
• No unit description
• Missing size of proposed unit
• No affected parties identified