Section R4-2-201. Contents of Petition for Election

A.       A petition for certification election filed under A.R.S. § 23- 1389(C) by an agricultural employee, a group of agricultural employees, an individual, or a labor organization acting on the employees’ behalf shall be signed under oath and shall contain the following information:

1.        The name of the agricultural employer;

2.        The address of the agricultural employer;

3.        A description of the bargaining unit that the petitioner claims to be appropriate;

4.        The approximate number of employees in the alleged appropriate unit;

5.        A brief statement that the employer declines to recognize the petitioner as a bargaining representative within the meaning of A.R.S. § 23-1382(10) or that the petitioner is currently recognized but desires certification under the Act;

6.        The name, affiliation, if any, and address of petitioner;

7.        The name and address of any other person who claims to represent an employee in the alleged appropriate bargain- ing unit;

8.        Whether a strike or picketing is in progress at the agricul- tural employer’s establishment and, if so, the approxi- mate number of employees participating and the date the strike or picketing commenced;

9.        A statement that the petition for election is supported by 30 percent or more of the agricultural employees in the bargaining unit; and

10.     Any other relevant fact.

B.       A petition for decertification election filed under A.R.S. § 23- 1389(J) by an agricultural employee, a group of agricultural employees, a labor organization, or an individual acting on the employees’ behalf shall be signed under oath and contain the following information:

1.        The name and address of the petitioner;

2.        A statement that:

a.        A representative other than petitioner has been certi- fied, or is currently recognized by the employer;

b.        Petitioner desires to rescind the certification; and

c.        The unit claimed to be appropriate, a description of the unit, and the number of employees in the unit;

3.        The name, affiliation, if any, and address of the person whose recognition or certification the petitioner seeks to rescind;

4.        A statement whether the agricultural employer has a con- tract with any labor organization or other representative of its employees and, if so, the expiration date;

5.        Whether a strike or picketing is in progress at the agricul- tural employer’s establishment and, if so, the approxi- mate number of employees participating and the date the strike or picketing commenced;

6.        A statement that the petition for decertification election is supported by 30 percent or more of the agricultural employees in the bargaining unit; and

7.        Any other relevant fact.

C.       The Board shall not accept for filing a petition for election that does not contain all the information required by subsections (A) or (B).

D.       The Executive Secretary shall, within 10 days after the filing of a petition for election with the Board, send a copy of the petition to the respondent named in the petition. If the Board certified a representative other than the petitioner, a copy of the petition shall also be sent to the certified representative.

Historical Note

Adopted effective December 26, 1995 (Supp. 95-4). Amended by final rulemaking at 9 A.A.R. 460, effective January 21, 2003 (Supp. 03-1).