Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.05.03 - RULES FOR DETERMINING BARGAINING REPRESENTATIVES › Section 09.05.03.014 - EMPLOYEE REPRESENTATION

Current through August 31, 2023
01.
Petition
			 or Union Representation
. Any employer, union, or employee may petition
			 the Department to conduct an investigation and/or hearing 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 representation of employees in
			 the collective bargaining unit. The request must fully state 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.
			 (3-23-22)
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 workers in the unit to establish 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.
			 (3-23-22)
03.
Collective
			 Bargaining Unit
. When a question arises concerning representation of
			 employees in a collective bargaining unit the Department will investigate in
			 order to determine the wishes of the majority of the employees in said unit.
			 (3-23-22)
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. If as a result of such hearing or investigation the parties
			 agree which union, if any, may properly represent them, a certification will be
			 made and issued by the Director of the Department 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. (3-23-22)
05.
Preparation of Ballot
. In all cases where a secret ballot is taken, the
			 ballot must be prepared by the Department to permit a vote for or against
			 representation by anyone named on the ballot. In case of two (2) or more
			 unions, a place must be provided for a vote against any union.
			 (3-23-22)
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. Such cross check will be made by comparing the signatures or names
			 appearing on the employer's payroll with signatures on authorization cards
			 submitted by the union involved. At such cross check, no representatives will
			 be permitted to be present except representatives of the Department. The
			 Department may, at its discretion, also question individual employees.
			 (3-23-22)
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. (3-23-22)
08.
Observers
. The parties involved may each designate and have
			 present at the election 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. (3-23-22)
09.
Voting
			 Eligibility
. All employees in said bargaining unit on the payroll at the
			 time the petition was received in the Department may vote. Regular part-time
			 employees will be permitted to vote. Casual part-time employees or workers who
			 are employed for a limited period will not be permitted to vote.
			 (3-23-22)
10.
Challenging
			 Eligibility
. Any interested party or representative of the Department
			 may challenge the eligibility of any person to participate in the election for
			 cause under these rules. The ballots of such challenged person will be
			 impounded. Upon 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. (3-23-22)
11.
Ballots
. Ballots prepared by the Department 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 must be prepared
			 to permit a vote against any representation. (3-23-22)
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
			 Department. In such petition, it must be shown at least thirty percent (30%) or
			 more of the employees in the unit covered by the agreement desire
			 deauthorization. Only employees in the bargaining unit will be counted for this
			 purpose subject to the provisions of Subsection
			 014.12. (3-23-22)
13.
Petition for Election
. The
			 demand or petition set forth in Subsection
			 014.12 need not be in any
			 particular form, but must comply with the procedural rules of the Department.
			 No such election as set forth in Subsection
			 014.12 will 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. (3-23-22)
14.
Existing Collective Bargaining Agreement
. An existing collective
			 bargaining agreement is a bar to any representation election except as provided
			 for within Section 012.
			 (3-23-22)
15.
Frequency of
			 Election
. No election may be held in any bargaining unit or subdivision
			 thereof within which a valid election was held in the preceding twelve (12)
			 month period. (3-23-22)