Subpart B-Meanings of Terms in This Chapter

§ 201.10 Order.

"Order" means Executive Order 11491, entitled "Labor-Management Relations in the Federal Service."

§ 201.11

Agency, employee, labor organization, council, panel, Assistant Secretary.

"Agency," "employee," "labor organization," "Council," "Panel," and "Assistant Secretary" have the meanings set forth in section 2 of the order.

§ 201.12 National consultation rights, exclusive recognition, unfair labor practices.

"National consultation rights," "Exclusive recognition," and "unfair labor practices" have the meanings as set forth in sections 9, 10, and 19, respectively, of the order.

§ 201.13 Standards of conduct for labor organizations.

"Standards of conduct for labor organizations" shall have the meaning as set forth in section 18 of the order, as amplified in Part 204 of this chapter.

"Certification" means the determination by the Assistant Secretary, Regional Administrator, or Area Administrator of the results of an election held under the order and the regulations in this chapter, including a certification of representative for exclusive recognition under the order.

[35 F.R. 2556, Feb. 4, 1970; 35 F.R. 5688, Apr. 8, 1970]

§ 201.21 Appropriate unit.

"Appropriate unit” means that grouping of employees found to be appropriate for purposes of exclusive recognition consistent with the provisions of section 10 (b) and (c) of the order.

§ 201.22 Secret ballot.

"Secret ballot" means the expression by ballot, voting machine or otherwise, but in no event by proxy, of a choice with respect to any election or vote taken upon any matter, which is cast in such a manner that the person expressing such choice cannot be identified with the choice expressed, except in that instance in which any determinative challenged ballot is opened.

§ 201.25 Chief Hearing Examiner.

"Chief Hearing Examiner" means the Chief Hearing Examiner, United States Department of Labor, Washington, D.C. 20210.

§ 201.26 Showing of interest.

"Showing of interest" means a designated percentage of Federal employees in a unit claimed to be appropriate or a unit determined to be appropriate, who are members of a labor organization or have designated it as their exclusive representative or have signed and dated a petition or cards requesting an election to determine whether a labor organization should cease to be the exclusive representative because it does not represent a majority of the employees. Such designations shall consist of written authorization cards or petitions, signed and dated by employees, authorizing a labor organization to represent such employees for purposes of exclusive recognition, executed allotment of dues forms, current dues records, an existing or recently expired agreement, current exclusive recognition or certification, or other evidence approved by the Assistant Secretary.

AUTHORITY: The provisions of this Part 202 issued under sec. 6, E.O. 11491; 3 CFR, 1969 Comp., p. 191.

SOURCE: The provisions of this Part 202 appear at 35 F.R. 2557, Feb. 4, 1970, unless otherwise noted.

§ 202.1

Who may file petitions.

(a) A petition for exclusive recognition may be filed by a labor organization requesting an election to determine whether it should be recognized as the exclusive representative of employees of an agency in an appropriate unit or should replace another labor organization as the exclusive representative of employees in an appropriate unit.

(b) A petition for an election to determine if a labor organization should cease to be the exclusive representative because it does not represent a majority of employees in an appropriate unit may be filed by an agency or by any employee(s) or any individual acting on their behalf.

(c) A petition for clarification of an existing unit or amendment of certification may be filed by an agency or labor organization which is currently recognized by the agency as an exclusive representative.

(d) A petition for a determination as to the eligibility of a labor organization for national consultation rights under criteria prescribed by the Council may be filed by an agency or labor organization. § 202.2 Contents of petition; challenges to petition.

(a) Petition for exclusive recognition. A petition by a labor organization for exclusive recognition shall be submitted on a form prescribed by the Assistant Secretary and shall contain the following:

(1) The name of the agency and the activity involved, their addresses, telephone numbers, and the persons to contact and their titles, if known;

(2) A description of the unit appropriate or claimed to be appropriate for purposes of exclusive representation by the petitioner. Such description shall indicate generally the geographic locations and the classifications of employees sought to be included and those sought to be excluded and the approximate number of employees in the unit claimed to be appropriate;

(3) Name, address, and telephone number of the recognized or certified

representative, if any, and the date of such recognition or certification and the expiration date of any applicable agreement, if known to the petitioner;

(4) Names, addresses, and telephone numbers of any other interested labor organizations, if known to the petitioner;

(5) Name and affiliation, if any, of the petitioner and its address and telephone number;

(6) A statement that the petitioner has submitted to the activity a current roster of its officers and representatives, a copy of its constitution and bylaws, and a statement of its objectives;

(7) A declaration by the person signing the petition, under the penalties of the Criminal Code (18 U.S.C. 1001) that its contents are true and correct to the best of his knowledge and belief;

(8) The signature of the petitioner's representative, including his title and telephone number;

(9) The petition shall be accompanied by a showing of interest of not less than thirty (30%) percent of the employees in the unit claimed to be appropriate and an alphabetical list of names constituting such showing;

(10) A statement that the petitioner is in full compliance with the requirements of the Order and the regulations under this chapter.

(b) Petition for an election to determine if a labor organization should cease to be the exclusive representative. (1) A petition by an agency shall contain the information set forth in paragraph (a) of this section except subparagraphs (6), (9), and (10) thereof and a statement that the agency or activity has a good faith doubt that the currently recognized or certified labor organization represents a majority of the employees in the unit;

(2) A petition by employees or an individual acting on behalf of employees shall contain the information set forth in paragraph (a) of this section, except subparagraphs (6), (9), and (10) thereof, and it shall be accompanied by a showing of interest of not less than thirty (30%) percent of the employees in the unit indicating that the employees no longer desire to be represented for the purpose of exclusive recognition by the currently recognized or certified labor organization and an alphabetical list of names constituting such showing.

(c) Petition for clarification of unit or amendment of certification. A petition for clarification of unit or amendment of certification shall contain the information required by paragraph (a) of this section, except subparagraphs (2), (6), (9), and (10) thereof, and shall set forth: (1) A description of the present unit and the date of recognition or certification;

(2) The proposed clarification or amendment of the certification; and

(3) A statement of reasons why the proposed clarification or amendment is requested.

(d) Petition for national consultation rights. (1) A petition for national consultation rights shall contain the information required in subparagraph (4), (5), (7), and (8) of paragraph (a) of this section, and shall set forth:

(i) The name, address, and telephone number of the agency or primary national subdivision in which the petitioner seeks to obtain or retain national consultation rights, and the persons to contact and their titles, if known;

(ii) A showing that petitioner holds adequate exclusive recognition as required in 5 CFR § 2412.2;

(iii) A statement that such showing has been made to and rejected by the agency or primary national subdivision, together with a statement of the reasons for rejection, if any, offered by that agency or primary national subdivision.

(2) Notwithstanding any other regulations in this part, the following regulations govern petitions filed under this subsection:

(i) An original and four copies of a petition shall be filed, with the Area Administrator for the area wherein the agency headquarters or the headquarters of the agency's primary national subdivision are located, within 30 days following refusal by the agency or primary national subdivision to accord or continue to accord national consultational rights pursuant to a request under 5 CFR 2412.2.

(ii) Within 15 days following the receipt of a copy of the petition, the agency or primary national subdivision shall file a response thereto with the Area Administrator raising any matter which is relevant to the petition.

(iii) The Area Administrator shall make such investigation as he deems necessary and report the essential facts