Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 4 - REPRESENTATION PROCEEDINGS › Section R. 423.145 - Showing of interest; intervenors

Current through Vol. 24-12, July 15, 2024
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.