The Public Employment Relations Commission (PERC) administers the state's collective bargaining laws. The PERC certifies bargaining units, administers adjudicative hearings, and provides mediators and arbitrators for grievance arbitration proceedings.
Bargaining Unit Certification.
State collective bargaining law establishes processes by which employees select, change, or remove a labor organization as their exclusive bargaining representative. To initiate one of these processes, employees must file a representation petition with the PERC. A petition for new organizing may be filed to form a new bargaining unit of unrepresented employees or to add unrepresented employees to an existing bargaining unit. Petitions must be filed with a showing of interest demonstrating at least 30 percent of the employees in the bargaining unit support the petition.
Challenging Employees Inclusion in a Bargaining Unit. Once a representation petition has been filed, the PERC will request that the employer submit a list of all employees in the bargaining unit described in the petition. The employer must submit the list within 10 days of the PERC's request. The employer and proposed bargaining representative may challenge the eligibility of individuals or classifications of employees for inclusion in the bargaining unit. Challenges to an employee's eligibility include supervisory status, confidential status, or a lack of a community of interest with the proposed bargaining unit.
Inappropriate Unit Determinations. When workers petition to form a bargaining unit, the PERC must determine whether the petitioned for unit is appropriate. To do so, the PERC considers the duties, skills, and working conditions of the employees; the history of collective bargaining by the employees and their bargaining representative; the extent of organization among the employees; the desire of the employees; and other factors.
If the PERC determines that a bargaining unit is not appropriate, it will dismiss the petition. One reason a bargaining unit might be inappropriate is because there are employees who are not included in the petitioned for unit who are necessary for the bargaining unit to be complete.
Consolidation of Bargaining Units Represented by a Single Employee Organization. Collective bargaining is provided for in several areas of state law including: the Public Employees' Collective Bargaining Act (PECBA) and the Personnel System Reform Act (PSRA).
The PECBA provides collective bargaining for:
The PSRA provides collective bargaining for certain employees at state agencies and institutions of higher education.
Under the PECBA, if an employer and a bargaining representative agree to merge two or more existing bargaining units that are in the employer's workforce and are represented by the same bargaining representative, the parties may agree to consolidate the units without involving the PERC. However, if the parties disagree about such a merger, the parties must invite the PERC to intervene.
Under the PSRA, if an employee organization represents two or more units, it may petition the PERC to consolidate the separate units into a single unit. If the PERC determines that the single unit is appropriate, it must certify the employee organization as the exclusive bargaining representative of the single unit. This process is required whether the public employer agrees or disagrees with the consolidation.
Public Employment Relations Commission Adjudicative Hearings.
The PERC's hearing officers preside over adjudicative hearings including representation, unfair labor practice, and unit clarification cases. Under the Administrative Procedures Act, the PERC may issue subpoenas related to these adjudicative proceedings. If a person does not obey an agency subpoena, the agency may petition a superior court for enforcement of the subpoena.
Grievance Arbitration Settlement Agreements.
A grievance occurs when a public employer and an employee have a dispute or disagreement regarding a disciplinary action, discharge, or termination decision arising under a collective bargaining agreement. Grievance disputes can be settled through mediation, arbitration, or settlement between the parties.
Bargaining Unit Certification.
Challenging Employees Inclusion in a Bargaining Unit. When an employer or employee organization challenges an employee's inclusion in a proposed bargaining unit, the employer or employee organization must submit an offer of proof regarding the challenged employees. The offer of proof must demonstrate the nature and basis of the challenge and be made at the time the party submits the challenges or at a time determined by the Public Employment Relations Commission (PERC).
Inappropriate Unit Determinations. The process in the Public Employees' Collective Bargaining Act's (PECBA) for consolidating separate bargaining units that are represented by a single employee organization is amended to align with the process provided for under the Personnel System Reform Act. Specifically, if a bargaining representative representing two or more existing bargaining units wish to merge the units into a single unit under the PECBA, it must first petition the PERC. If the preexisting unit is appropriate, the PERC must dismiss the new petition. If the preexisting unit is inappropriate, the PERC must determine the new bargaining unit with the employees from both bargaining units and hold an election.
Consolidation of Bargaining Units Represented by a Single Employee Organization. If an employee organization represents two or more units, it may petition the PERC to consolidate the separate units into a single unit. If the PERC determines that the single unit is appropriate, it must certify the employee organization as the exclusive bargaining representative of the single unit.
Public Employment Relations Commission Adjudicative Hearings.
In adjudicative hearings before a PERC hearing officer, the hearing officer may set a hearing date without the consent of the parties. The parties may submit motions to move the hearing date.
The PERC may draw an adverse inference from a party's refusal to comply with subpoenas. An adverse interest may not be drawn if a union invokes union privilege. If a union invokes union privilege, the PERC or the presiding officer must conduct in-camera review to determine whether the record is privileged.
Grievance Arbitration Settlement Agreements.
Public employers may not require a worker to waive statutory rights to claims arising out of state or federal law as a condition of settling a grievance under a collective bargaining agreement.