Unit Determination and Exclusive Representation
When the employer and a labor union cannot agree as to the makeup of the appropriate unit or the employees to be included, the issue is resolved by the BMS. The issue is addressed at a public hearing where the employer and the labor union provide evidence and testimony in support of their respective positions. The BMS then resolves the issues based on the hearing record.
Following the unit determination process, the BMS may conduct a secret ballot election among the employees within the appropriate unit to resolve the question of representation. A labor union receiving a majority of the votes cast at the election is certified as the exclusive representative for the employees and thereby gains the right to collectively bargain with the employer over their terms and conditions of employment. When questions of appropriate unit placement arise after an original certification, the BMS conducts unit clarification hearings in a forum similar to that used in the original certification proceeding.
Labor unions may assess public employees who are represented by the union, but who are non-members, a fair share fee. The fee reflects the costs of representing employees who are not members of the union. Employees assessed such a fee may challenge the fee under certain conditions. The BMS is responsible for resolving the challenges.
Union Democracy Act Elections
Upon request, the BMS assists labor organizations by supervising elections to select union officers or ratify contracts.
Please refer questions or comments regarding representation to: