Petitioners filing union representation petitions and union decertification petitions are required to file a showing of interest when filing a petition. Unions that wish to intervene in such cases, other than the incumbent union, are also required to file a showing of interest. The DLR may require the employer to submit a payroll or personnel list to assist the DLR in determining whether the petitioner has provided a sufficient showing of interest.
Cards or petition
The showing of interest can be in the form of individual cards or a petition individually signed and dated by the employees, authorizing the named employee organization to represent them for the purpose of collective bargaining or seeking to decertify the incumbent employee organization.
Any such cards or petitions must be signed and individually dated by employees no more than 6 months prior to the filing of the petition. In a WMA petition, the cards must be signed and dated no more than 12 months prior to the filing of the petition.
A showing of interest may not be filed electronically or by fax.
The number of authorization cards and the identity of employees who have signed cards or a petition are confidential. The DLR does not consider the showing of interest to fall within the public records statute.
Showing of interest required in union representation petitions
A petitioner seeking to represent a proposed bargaining unit of employees, who are not currently represented, must submit a showing of interest of 30%.
A petitioner seeking to represent a bargaining unit of employees, who are currently represented, must submit a showing of interest of 50%.
Should an additional union, other than the petitioning union, wish to intervene in a union representation case, it must submit a showing of interest of 10% with its motion to intervene. An incumbent union need not submit a showing of interest.
Showing of interest required in union decertification petitions
A petitioner seeking to decertify the incumbent union must submit a showing of interest of 50%.
Challenging the showing of interest
The sufficiency of a showing of interest is an administrative determination made by the DLR and is not subject to litigation by the parties. However, a party who wishes to challenge the showing of interest may request that the DLR reinvestigate it. When presented with supporting evidence that gives the DLR reasonable cause to believe that the showing of interest may be invalid, the DLR will conduct a further administrative investigation.