Title 05.

Chapter 03

09.05.03 - RULES DETERMINING BARGAINING REPRESENTATIVES

000. LEGAL AUTHORITY.

This chapter is adopted under the legal authority of Section 44-107, Idaho Code, and Title 67, Chapter 52, Idaho

001. TITLE AND SCOPE.

01. Title. These rules shall be cited as IDAPA 09.05.03, “Rules Determining Bargaining Representatives,” Department of Labor. (2-26-93)

02. Scope. The rules contained in this chapter govern all proceedings before the department brought pursuant to Section 44-107, Idaho Code, or concerning mediation proceedings brought pursuant to Title 44, Chapter 1, Idaho Code. (2-26-93)

002. WRITTEN INTERPRETATIONS.

This agency has no written statements which pertain to the interpretation of the rules of this chapter. (2-26-93)

003. ADMINISTRATIVE APPEALS.

There is no administrative appeal from any proceedings brought pursuant to this chapter. (2-26-93)

004. -- 010. (RESERVED).

011. DETERMINATION OF BARGAINING REPRESENTATIVES.

Sections 09.05.03.011, 09.05.03.012, 09.05.03.013, and 09.05.03.014 relate only to the powers concerning determination of representation under Section 44-107, Idaho Code, and for the conciliation and mediation purposes under Chapter 1 of Title 44, Idaho Code. (1-21-74)

012. UNION AGREEMENTS AND INSULATED PERIOD.

Once the contract becomes effective as a bar to an election, no petition will be accepted until the end of the period during which the contract is effective as a bar. A contract for a fixed period of more than three (3) years will bar an election sought by a contracting party during the life of the contract, but will act as a bar to an election sought by an outside party for only three (3) years following its effective date. A contract of no fixed period will not act as a bar at all. Petitions filed not more than ninety (90) days but over sixty (60) days before the end of the contract bar period will be accepted and can bring about an election, or if a petition is filed after a contract expires it will be accepted. The last sixty (60) days of the contract bar period is called an insulated period. During that time the parties to the existing contract are free to negotiate a new contract or to agree to extend the old one. If they do so, petitions will not be accepted until ninety (90) days before the end of the new contract bar period. (1-21-74)

013. STRIKERS DEEMED EMPLOYEES.

Strikers shall be deemed to be employees even though replaced by other workers for representation purposes only and may be entitled to vote in any election conducted within twelve (12) months after the commencement of the strike. (1-21-74)

014. EMPLOYEE REPRESENTATION.

01. Petition or Union Representation. Any employer, union, or employee may petition the Idaho Department of Labor to conduct an investigation and/or hearing in order to determine whether the majority of the employees of any given business wish union representation and what union they wish to be represented by. Such petition must fully set forth and allege the exact question concerning the representation of employees in the collective bargaining unit. The request must state fully the name of the employer, the place of business, the type of business, the name of the labor organization or organizations involved; and if the request is made by the employer it must include a list of employees employed in said unit. (1-21-74)

02. Requests Made by Unions. If the request is made by a union, such union must submit written statements or authorization cards from at least thirty percent (30%) of those in the unit to establish that there is such a question of representation, except in establishments having less than six (6) employees, in which case twenty-five percent (25%) of the employees involved will be deemed sufficient. A description of the bargaining unit must be given. (1-21-74)

03. Collective Bargaining Unit. When a question arises concerning representation of employees in a collective bargaining unit, an investigation will be made by the Department of Labor in order to determine the wishes of the majority of the employees in said unit. (1-21-74)

04. Hearings. In any such investigation, a hearing may be held after giving due notice to all interested parties as provided for in the procedural rules of the Department of Labor. If as a result of such hearing or investigation the parties agree which union, if any, may properly represent them, a certification will then be made and issued by the Director of the Department of Labor designating the union for bargaining purposes. If after such a hearing and/or investigation, there is any doubt as to the wishes of the majority of the employees employed in said unit, a time and place will be scheduled to permit the employees to vote by secret ballot. (1-21-74)

05. Preparation of Ballot. In all cases where a secret ballot is taken, the ballot shall be prepared by the Department of Labor so as to permit a vote for or against representation by anyone named on the ballot. In case of two (2) or more unions, a place shall be provided for a vote against any union. (1-21-74)

06. Waiver of Investigation and Hearing. The investigation and hearing may be waived by consent of the parties pursuant to written stipulation by all parties involved, and a cross check may be conducted by representatives of the Department of Labor. Such cross check will be made by comparing the signatures or names appearing on the employer’s payroll with signatures which appear on the authorization cards submitted by the union involved. At such cross check, no representatives will be permitted to be present except the representatives of the Idaho Department of Labor and Industrial Services. The department may, at its discretion, also question individual employees. (1-21-74)

07. Elections. If it becomes necessary to conduct an election, such election will be held only after appropriate notice is posted by the department in a conspicuous place where the employees are employed. Whenever possible, the election will be held on the premises of the employer and at a time calculated to best permit all employees who are eligible to vote, and so far as possible at a time which will minimize the disruption of the employer’s business. Such notice must be posted at least twenty-four (24) hours before the election and in those cases where, because of the nature of the shifts, a longer time is necessary, it shall be so given. Every effort will be made to hold the election reasonably soon after the twenty-four (24) hour period except in those exceptional cases. (1-21-74)

08. Observers. The parties involved may each designate and have present at the election one (1), and only one (1), observer. Neither management nor union officials may act as observers. Employees having the right to hire or fire or to effectively recommend hiring or firing will be considered as management personnel of the employer and will not be permitted to vote at such election or to act as observers. No member of an employer’s immediate family will be eligible to vote at such representation election or to act as an observer, or any principal stockholder owning ten percent (10%) or more of the company stock. (1-21-74)

09. Voting Eligibility. All employees in said bargaining unit who are on the payroll at the time the petition was received in the Idaho Department of Labor may vote. Regular part-time employees will be permitted to vote. Casual part-time employees or workers who are only employed for a limited period will not be permitted to vote. (1-21-74)

10. Challenging Eligibility. Any interested party or the representative of the Idaho Department of Labor may challenge the eligibility of any person to participate in the election for cause under these rules. The ballots of such challenged person shall be impounded. Upon the conclusion of the election and before the ballots are counted, the parties will be permitted to offer evidence in support of their contentions as to eligibility to vote, after which time a ruling will be made sustaining or overruling the objection. If overruled, the ballot will be placed in the ballot box. (1-21-74)

11. Ballots. Ballots prepared by the Idaho Department of Labor will set forth the question involved. One ballot will be given to each eligible voter. Such ballots are not to be signed by the voters. Voters will be requested to place an “X” in a square which will require only “YES” or “NO” votes. The ballot shall be prepared so as to permit a vote against any representation. (1-21-74)

12. Deauthorization of Union Representation. A petition in a union shop for an election to determine whether there should be any union representation or not may be filed with the Idaho Department of Labor and Industrial Services. In such petition, it must be shown that at least thirty percent (30%) or more of the employees in the unit covered by the agreement desire such deauthorization. Only the employees who are in the bargaining unit will be counted for this purpose subject to the provisions of Subsection 014.12. (1-21-74)

13. Petition for Election. The demand or petition set forth in Subsection 014.12 need not be made in any particular form, but shall comply with the procedural rules of the department. No such election as set forth in Subsection 014.12 shall be conducted among employees presently covered by a valid collective bargaining agreement, except when filed in accordance with the reopening or termination clause of such agreement. (1-21-74)

14. Existing Collective Bargaining Agreement. An existing collective bargaining agreement shall be a bar to any representation election except as provided for within Section 012. (1-21-74)

15. Frequency of Election. No election shall be held in any bargaining unit or subdivision thereof within which a valid election was held in the preceding twelve (12) month period. (1-21-74)

015. -- 999. (RESERVED).