R 423.145 Showing of interest; intervenors.

Rule 145. (1) A petition for an election to determine a collective bargaining representative, except when filed by an employer, or a decertification petition shall be supported by a showing of interest existing at the time of the filing of the petition of at least 30% of the employees in the unit claimed to be appropriate. A showing of interest is not required for a self-determination election petition. (2) Evidence of interest shall be submitted at the time of filing a petition. Unless an original showing of interest is received within 48 hours of the filing, the petition will be dismissed. (3) “Intervenor”, as used in this rule, means a labor organization that seeks to appear on the ballot. (4) Only an employee, group of employees, individual, or labor organization is eligible to become an intervenor to the election by filing a petition supported by a showing of interest of not less than 10% of the employees within the proposed unit. An intervenor may participate in all conferences and any hearings that may be held. The signature of an intervenor is not required on a consent election agreement unless the intervenor demonstrates to the commission that 30% or more of the employees in the unit claimed to be appropriate wish to be represented by the intervenor, in which event, the intervenor's signature on the consent election agreement is required. The determination with respect to the statutory 30% or an intervenor's 10% showing of interest is an administrative action and shall be made exclusively by the commission or its agent. Once a consent election agreement has been signed by all required parties known to the commission, an interested party shall file a written request to intervene and provide a showing of interest within 2 business days of the date of the consent. The date of the consent is the date on which the last required signed copy of the consent agreement is received by the commission. Intervention may be permitted after 2 business days with the agreement of all parties and the approval of the commission or its agent or with the approval of the commission upon a showing of good cause. An intervenor who has not less than a 10% showing of interest but less than 30%, may file a motion with the commission and serve a copy on each of the other parties within 48 hours after a consent election agreement is signed alleging reasons for disallowance of the consent election agreement and requesting a hearing. The commission, or its agent, shall determine whether the petition establishes good cause for holding a hearing. If the commission or its agent decides to hold a hearing on the petition, then the consent election agreement shall be suspended pending disposition of the case by the commission. (4) Intervention will not be allowed after the close of the hearing without the agreement of all parties and the approval of the commission or its agent, or the approval of the commission upon a showing of good cause.