HAR §12-42-20. Petition for clarification or amendment of certification

(a) A petition for clarification of an appropriate bargaining or optional appropri- ate bargaining unit or amendment of certification may be filed by the exclusive bargaining representative or any public employer at any time. (b) The petition shall be prepared on a form furnished by the board. The original and five copies shall be signed and filed with the board. (c) The petition shall include the following: (1) The name, address, and affiliation, if any, of the petitioner, and the name and telephone number of its principal representative to be contacted. (2) The name and address of the public employer involved, and the name and telephone number of its principal representative to be contacted. (3) A description of the appropriate bargaining or optional appropriate bargaining unit and the date of certification. (4) The proposed clarification or amendment. (5) A statement setting forth reasons why clarification or amendment is requested. (6) A clear and concise statement of any other relevant facts. [Eff. Feb. 6, 1981] (Auth: HRS §89-5) (Imp: HRS §§89-6, 89-7) §12-42-21 Petition for inclusion or exclusion of supervisory employ- ees. (a) A petition for inclusion or exclusion of supervisory employees may be filed by any public employee or representative authorized to act in the employee’s behalf. (b) The petition shall be prepared on a form furnished by the board. The original and five copies shall be signed and filed with the board. 21 (c) The petition shall include the following: (1) The name, address, and affiliation, if any, of the petitioner, and the name and telephone number of its principal representative to be contacted. (2) The name and address of the exclusive bargaining representatives of the affected appropriate bargaining and optional appropriate bargaining unit, and the expiration dates of any collective bargain- ing agreements covering such units. (3) The name and address of the public employer involved, and the name and telephone number of its principal representative to be contacted. (4) A description of the affected appropriate bargaining and optional appropriate bargaining units, and the number of supervisory and nonsupervisory employees involved. (5) A clear and concise statement of any other relevant facts. (d) The petition shall be supported by a showing of interest of at least thirty percent of the supervisory or at least thirty percent of the nonsupervisory employees, whichever group the petitioner represents. [Eff. Feb. 6, 1981] (Auth: HRS §89-5) (Imp: HRS §§89-6, 89-7) §12-42-22 Filing of petition for determination of optional appropriate bargaining unit, selection of exclusive bargaining representative, or decertifi- cation. (a) No valid determination; no valid election; no collective bargaining agreement: (1) A petition for determination of an optional appropriate bargaining unit, or petition for selection of an exclusive bargaining representa- tive in an appropriate bargaining or optional appropriate bargain- ing unit, or petition for decertification may be filed at any time, provided there has been no valid determination or election within the preceding twelve months and, provided further, there is no collective bargaining agreement in current effect. (2) Showing of interest: (A) A petition for determination, selection, or decertification shall be supported by a showing of interest of at least thirty percent of the employees in the claimed appropriate bar- gaining or optional appropriate bargaining unit. (B) The showing of interest may be filed simultaneously with, or within forty-eight hours after, the filing of the petition. (3) A timely petition to intervene in a determination, selection, or decertification proceeding shall be supported by a showing of interest of at least ten percent of the employees in the appropriate bargaining or optional appropriate bargaining unit. The showing of interest may be filed simultaneously with, or within forty-eight hours after, the filing of the petition. 22 (b) Valid determination; valid election; collective bargaining agree- ment: (1) Where there has been a valid determination of an optional appro- priate bargaining unit or election to select the exclusive bargaining representative in an appropriate bargaining or optional appropriate bargaining unit, the board shall not entertain a petition for determi- nation, selection, or decertification until the expiration of twelve months after such determination or election. (2) Where there is a collective bargaining agreement in current effect, a petition for determination, selection, or decertification shall be filed not more than ninety nor less than sixty days prior to the expiration of the agreement. (3) Showing of interest: (A) A petition for determination, selection, or decertification shall be supported by a showing of interest of at least thirty percent of the employees in the appropriate bargaining or optional appropriate bargaining unit. (B) The showing of interest may be filed simultaneously with, or within forty-eight hours after, the filing of the petition. (4) A timely petition to intervene in a determination, selection, or decertification proceeding shall be supported by a showing of interest of at least ten percent of the employees in the appropriate bargaining or optional appropriate bargaining unit. The proof of showing of interest may be filed simultaneously with, or within forty-eight hours after, the filing of the petition. (5) An employee organization shall be regarded as satisfying the showing of interest requirement as an intervenor if it is the exclu- sive bargaining representative, or if it is the party to a currently effective or recently expired collective bargaining agreement covering the employees in such petitioned bargaining unit. [Eff. Feb. 6, 1981] (Auth: HRS §89-5) (Imp: HRS §§89-6, 89-7)