[Code of Federal Regulations]
[Title 29, Volume 2]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR101.17]

[Page 21]
 
                             TITLE 29--LABOR
 
                CHAPTER I--NATIONAL LABOR RELATIONS BOARD
 
PART 101_STATEMENTS OF PROCEDURES--Table of Contents
 
    Subpart C_Representation Cases Under Section 9(c) of the Act and 
  Petitions for Clarification of Bargaining Units and for Amendment of 
              Certifications Under Section 9(b) of the Act
 
Sec. 101.17  Initiation of representation cases and petitions for 
clarification and amendment.


    The investigation of the question as to whether a union represents a 
majority of an appropriate grouping of employees is initiated by the 
filing of a petition by any person or labor organization acting on 
behalf of a substantial number of employees or by an employer when one 
or more individuals or labor organizations present a claim to be 
recognized as the exclusive bargaining representative. If there is a 
certified or currently recognized representative, any employee, or group 
of employees, or any individual or labor organization acting in their 
behalf may also file decertification petitions to test the question of 
whether the certified or recognized agent is still the representative of 
the employees. If there is a certified or currently recognized 
representative of a bargaining unit and there is no question concerning 
representation, a party may file a petition for clarification of the 
bargaining unit. If there is a unit covered by a certification and there 
is no question concerning representation, any party may file a petition 
for amendment to reflect changed circumstances, such as changes in the 
name or affiliation of the labor organization involved or in the name or 
location of the employer involved. The petition must be in writing and 
signed, and either must be notarized or must contain a declaration by 
the person signing it, under the penalties of the Criminal Code, that 
its contents are true and correct to the best of his or her knowledge 
and belief. It is filed with the Regional Director for the Region in 
which the proposed or actual bargaining unit exists. Petition forms, 
which are supplied by the Regional Office upon request, provide, among 
other things, for a description of the contemplated or existing 
appropriate bargaining unit, the approximate number of employees 
involved, and the names of all labor organizations which claim to 
represent the employees. If a petition is filed by a labor organization 
seeking certification, or in the case of a petition to decertify a 
certified or recognized bargaining agent, the petitioner must supply, 
within 48 hours after filing but in no event later than the last day on 
which the petition might timely be filed, evidence of representation. 
Such evidence is usually in the form of cards, which must be dated, 
authorizing the labor organization to represent the employees or 
authorizing the petitioner to file a decertification petition. If a 
petition is filed by an employer, the petitioner must supply, within 48 
hours after filing, proof of demand for recognition by the labor 
organization named in the petition and, in the event the labor 
organization named is the incumbent representative of the unit involved, 
a statement of the objective considerations demonstrating reasonable 
grounds for believing that the labor organization has lost its majority 
status.

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