Article Structure
The New Jersey Representation Petition form is an essential tool in the process of establishing or changing representation for public employees. This form is structured to gather vital information about the parties involved, including the public employer, the petitioner, and any existing employee organizations. Sections 1 through 6 guide users in providing details such as names, addresses, and the nature of the representation being sought, whether it is for certification, decertification, or certification by card check. The form ensures that both the petitioner's and the current majority organization's information is clear and accurate, which is critical for the petition's success. It also allows for the inclusion of other employee organizations that may have an interest in the petition. Specific instructions outline the requirements for filing, including the need for a valid showing of interest, which is necessary for the petition to be considered. By meticulously completing this form, petitioners take a significant step toward ensuring their rights and interests as part of the collective bargaining process in New Jersey.
New Jersey Representation Petition Example
STATE OF NEW JERSEY |
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PUBLIC EMPLOYMENT RELATIONS COMMISSION |
For Courier Delivery |
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PO Box 429 |
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495 West State St. |
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TREN TON , NEW JERS EY |
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Trenton, NJ 08618 |
REPRESENTATION PETITION |
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DO NOT WRITE IN THIS SPACE |
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Complete Sections 1 through 6. Please type or clearly print. |
DOCKET NO. |
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See instructions on back. |
DATE FILED: |
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1.PUBLIC EMPLO YER
Full Name |
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County |
Address of Employer (Street and Number, City, State and Zip Code): |
Name and Title of Representative to Contact: |
Telephone No. |
Attorney/Consultant Representing Public Employer (if any): |
Attorney/Consultant Address (Street and Number, City, State and Zip Code): |
Telephone No. |
2. |
PETITIONER |
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Full Name: |
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Address of Petitioner (Street and Number, City, State and Zip Code): |
Name and Title of Representative to Contact: |
Telephone No. |
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Attorney/Consultant Representing Petitioner (if any): |
Attorney/Consultant Address (Street and Number, City, State and Zip Code): |
Telephone No. |
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3.CURRENT MAJORITY ORGANIZATION
Full Name: |
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Expiration Date of any |
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existing contract |
Address of Majority Organization (Street and Number, City, State and Zip Code): |
Name and Title of Representative to Contact: |
Telephone No. |
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Attorney/Consultant Representing Majority Organization (if any): |
Attorney/Consultant Address (Street and Number, City, State and Zip Code): |
Telephone No. |
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4.EM PLO YEE ORG ANIZAT ION(S) OTH ER THAN THE CURRENT M AJORITY O RG ANIZAT ION WHICH M AY HAVE AN INTEREST IN THIS PETITION (Attach additional sheets if necessary)
Organization Name: |
Organization Address (Street and Number, City, State and Zip Code): |
Person to Contact and Title: |
Telephone No. |
5.PETITION FOR (Check one. See instructions on back)
9 Certification by Election |
9 Decertification |
9Certification by Card Check Petitioner requests to be certified without an election. Petitioner believes it is the only organization seek ing to represent these em ployees and subm its with this petition authorization cards from a m ajority of the unit employees.
Description of collective negotiations unit: |
Num ber of employees in unit ____________ |
Included:
Excluded:
6.CERTIFICATION
Nam e of Petitioner: _______________________________________________________________________________
I declare that I have read the above petition and that the information is true to the best of my knowledge an d belief.
By ________________________________________________________________ |
Date: ________________ |
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(Signature of Authorized Representative) |
(Title) |
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NJ PERC Representation Petition (August, 2005)
INSTRUCTIONS FOR FILING
A REPRESENTATION PETITION
WHAT TO FILE
A petition for certification may be filed by a public employer, public employee, or group of public employees; or any individual or employee organization acting on behalf of public employees.
Petition for Certification
(RO) If you desire to represent a group of em ployees in a unit you believe to be appropriate, file a petition for certification to becom e the m ajority representative of the negotiations unit you describe in the petition. See N.J.A.C.
Certification by Election: If you are seeking an election to determ ine the majority representative, submit an original showing of interest (no photocopies) signed by at least thirty percent (30%) of the em ployees in the negotiations unit you seek to represent. An acceptable showing of interest is:
(a)Cards or petition(s) authorizing the petitioner to represent these em ployees for collective negotiations. (Norm ally, a showing of interest m ust be signed and dated within six (6) m onths of the filing of the petition), - or -
(b)Current dues records.
Certification by Card Check: If you are the only employee organization seeking to represent the em ployees in the unit, and you desire to be certified without an election, you may request certification by card check by submitting authorization cards from a m ajority of the unit em ployees that are signed and dated within six (6) months of the filing of the petition.
Beginning Septem ber 1, 2008, authorization cards subm itted in support of a card check certification must set forth the precise nam e of the em ployee organization the petitioner wishes to be certified as the majority representative. The em ployee organization specified on the authorization cards m ust m atch the nam e of the petitioner listed on the petition - and not merely the parent
(RE) If you represent a public employer, file a petition for certification when one or more employee
organizations or groups of employees claim to represent your employees and you have a good faith doubt concerning the majority status of the representative of the em ployees described in this petition. See N.J.A.C.
Petition for Decertification
(RD) If you represent individual employees, you may file a petition for decertification of majority representative. You must provide a statem ent that the current representative no longer represents the majority of employees in the negotiations unit you describe in this petition.
Subm it an original showing of interest (no photocopies) signed by at least 30% of the em ployees in the current unit. Norm ally, this showing of interest must be signed and dated by em ployees within six (6) m onths of filing the petition. The showing of interest shall state that these em ployees no longer desire to be represented for the purpose of collective negotiations by the current majority representative or by any employee representative.
WHEN TO FILE
A tim ely representation petition may only be filed during certain periods. See N.J.A.C.
A petition is filed only when the Director of Representation receives a com pleted, signed petition accom panied by a valid showing of interest.
HOW TO FILE
1.Type or clearly print all requested inform ation.
2.If you need more space to com plete any item , attach additional sheets and num ber them accordingly.
3.Fill in all sections of the petition. If you believe that a section of the petition does not apply to your situation, mark the section "N/A" or "none". Failure to provide all inform ation required by N.J.A.C.
4.Sign the petition. Submit the original and four (4) copies of the petition and the appropriate showing of interest to:
For Regular Mail: |
Director of Representation |
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Public Employment Relations Commission |
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PO Box 429 |
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Trenton, NJ |
For Courier Delivery: |
495 West State Street |
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Trenton, New Jersey 08618 |
NJ PERC Representation Petition (June, 2008)
Form Characteristics
| Fact Title | Details |
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| Governing Law | The New Jersey Representation Petition is governed by the New Jersey Administrative Code, specifically N.J.A.C. 19:11-1.1. |
| Filing Authority | The petition must be filed with the Director of Representation of the Public Employment Relations Commission (PERC). |
| Purpose of the Petition | This form is used to seek certification as the majority representative of a negotiations unit. |
| Eligibility to File | Public employers, public employees, or employee organizations can file the petition on behalf of employees. |
| Required Information | Sections 1 through 6 must be completed, including contact information for involved parties. |
| Certification Options | Petitioners can request certification by election, decertification, or certification by card check. |
| Showing of Interest | For certification by election, a showing of interest from at least 30% of employees is required. |
| Filing Timeline | The petition must be filed during designated time periods, as specified in N.J.A.C. 19:11-2.8. |
| Submission Requirements | One original and four copies of the petition, along with a valid showing of interest, must be submitted. |
| Signature Requirement | The petition must be signed by an authorized representative, confirming the truthfulness of the provided information. |
Guidelines on Utilizing New Jersey Representation Petition
After completing the New Jersey Representation Petition form, it is crucial to ensure that all information is accurate and submitted correctly. This will facilitate the processing of your request and help avoid unnecessary delays. Once the form is filled out, follow the required steps for submission.
- Gather all necessary information needed to complete the form, including details about the public employer, petitioner, and any current majority organization.
- Fill in Section 1 by providing the full name, address, and contact information of the public employer. Include the name and title of the representative to contact.
- Complete Section 2 by entering your name, address, and contact details as the petitioner. If applicable, provide information for any attorney or consultant representing you.
- In Section 3, provide the current majority organization’s full name, expiration date of any existing contract, and contact information.
- If there are any other employee organizations with an interest in this petition, list them in Section 4. Include their names, addresses, and a contact person's details.
- Choose your petition type in Section 5 by checking the appropriate box—Certification by Election, Decertification, or Certification by Card Check. Give a brief description of the collective negotiations unit and the number of employees included or excluded.
- Fill in Section 6 by writing the name of the petitioner and include your signature and date to certify that the information provided is accurate to the best of your knowledge.
- Review the entire form to ensure all fields are completed and correct. Where necessary, attach additional sheets for more information and clearly label them.
- Prepare the submission package: contain the original form and four copies, along with a valid showing of interest.
- Submit your petition either by regular mail or courier delivery to the designated address provided on the form.
What You Should Know About This Form
What is the New Jersey Representation Petition form?
The New Jersey Representation Petition form is a document used to request certification or decertification for a group of public employees regarding their representation in collective negotiations. This form is essential for public employers, employees, or groups wishing to establish or challenge representation by an organization. It aims to ensure that the rights of employees to choose their representatives are upheld in accordance with state laws.
Who is eligible to file a Representation Petition?
Any public employer, public employee, or group of employees can file a petition. This includes individuals or employee organizations that seek to represent a specific group of employees in collective negotiations. The representation must pertain to a defined negotiations unit, and the filing must demonstrate that the organization is seeking majority representation.
What types of petitions can be filed using this form?
There are several types of petitions that can be filed: 1) Certification by Election, where an election is sought to determine the majority representative; 2) Certification by Card Check, where an organization can request certification without an election by providing authorization cards from a majority of the employees; and 3) Decertification, where a petition can challenge the current majority representative, claiming that they no longer represent the majority of employees.
What is required for filing a Representation Petition?
To file a Representation Petition, several pieces of information must be provided, including the names and addresses of the petitioners and the majority organization, as well as the contact information of representatives and any relevant attorneys or consultants. Additionally, a valid showing of interest must accompany the petition, demonstrating that the petitioner has the support of at least 30% of the employees in the negotiations unit. This showing must be original and signed within six months of filing.
How do I submit the Representation Petition?
The petition must be completed clearly, either typed or printed, and all sections must be filled out. Once completed, the original petition and four copies must be submitted. This can be done via regular mail or courier delivery to the Director of Representation at the Public Employment Relations Commission in Trenton, New Jersey. Compliance with submission guidelines is crucial to avoid delays.
When can a Representation Petition be filed?
A representation petition must be filed during specific periods defined by law. Timeliness is important, and typically, petitions can be filed when there is a change in representation or when there are questions about the majority status of an organization. It is advisable to check the regulations to determine the appropriate filing windows.
What happens after I file the Representation Petition?
After the petition is filed, it will be reviewed by the Director of Representation. If the petition meets all requirements, it will be processed, and the appropriate steps will be taken. This may include scheduling an election or facilitating the certification process based on the provided information. Notifications will be sent regarding the outcome of the review.
What if I need assistance while filling out the form?
It is recommended to seek guidance if there are any uncertainties about completing the form. Various resources are available, including legal representatives or consultants specializing in labor relations. Clarity and accuracy in the petition are crucial for a smooth processing experience, so do not hesitate to reach out for help if needed.
Is there a deadline for submitting the showing of interest?
Yes, the showing of interest must be submitted as part of the petition and should be signed and dated within six months of the petition filing. This timeframe ensures that the support for the petition reflects the current sentiments of the employees. Failing to adhere to this timeframe may impact the validity of the petition.
Common mistakes
Filling out the New Jersey Representation Petition form can be a detailed process, and individuals often overlook critical elements. One common mistake occurs when a petitioner does not provide complete information in all required sections. Each section, from employer details to representation requests, must be thoroughly filled out. Omitting or incorrectly completing information can lead to delays and potential rejection of the petition, as the processing authority needs all details to adequately evaluate the request.
Another frequent error involves the failure to adhere to the requirements for the showing of interest. When seeking certification by card check, petitioners must submit properly signed and dated authorization cards from a majority of the employees in the unit. If these cards do not include the exact name of the employee organization as listed on the petition, they will not be counted. Consequently, this oversight can jeopardize the entire effort to achieve representation.
The timing of the petition is also crucial. Many people mistakenly file their petitions outside of the designated filing periods. Those wishing to file must be aware of specific windows during which the petition is considered timely. If a petition is submitted outside of these times, it risks being overlooked entirely. Understanding the required timelines is essential to avoid this pitfall.
Finally, neglecting to sign the petition can result in significant setbacks. A signature from an authorized representative is mandatory for the petition to be valid. Without it, the document is incomplete and will not be processed. Ensuring that all necessary signatures are collected is a fundamental step in the filing process.
Documents used along the form
The New Jersey Representation Petition form serves as a vital document for employees or organizations seeking to represent a group in collective negotiations. However, several other forms and documents typically accompany this petition, providing additional context and necessary information. Below is a brief description of these associated documents that often play a crucial role in the representation process.
- Petition for Certification (RO): This document is filed when a public employer or group of public employees seeks to become the majority representative of a defined negotiations unit. It outlines the request for certification and must include evidence of support from at least 30% of the employees in that unit.
- Petition for Decertification (RD): Individual employees may use this form to contest the representation of their current majority representative. It requires a statement asserting that the representative no longer holds majority support, along with a showing of interest signed by at least 30% of the employees within the unit.
- Authorization Cards: These are critical for demonstrating employee support for a representation petition. The cards must be signed and dated within six months before filing, showing that employees authorize a specific organization to represent them in collective negotiations.
- Collective Bargaining Agreement (CBA): If there is an existing agreement, it may need to be submitted along with the petition. This document outlines the terms and conditions negotiated between employers and employees, including outlined rights and responsibilities of both parties.
Understanding these accompanying documents is essential for navigating the representation process effectively. Each serves to bolster the initial petition filed and ensures that the rights and interests of employees are accurately represented during negotiations.
Similar forms
- Union Authorization Card: Similar to the Representation Petition, this document serves to verify employee support for a union. Employees sign to indicate their desire for union representation, just as they do in a Representation Petition to show interest in certification.
- Election Petition: This document is filed when employees or a union seek an election to determine their bargaining representative. Like the Representation Petition, it requires signatures and details about the employees involved.
- Decertification Petition: Used when employees want to remove their current representative, this document shares the same purpose as a Representation Petition but with a focus on disbanding representation instead of establishing it.
- Grievance Form: Employees use this form to challenge workplace issues or policies. Similar to the Representation Petition, it seeks formal acknowledgment of employee concerns, typically requiring detailed information and employee details.
- Collective Bargaining Agreement (CBA): This document formalizes the relationship between employees and their representative. While it serves a different function, like the Representation Petition, it is grounded in employee representation and negotiations.
- Showing of Interest Form: This document provides proof that a significant number of employees wish to be represented by a certain union. Both this form and the Representation Petition aim to confirm employee representation support.
- Public Sector Bargaining Notice: Like the Representation Petition, this notification informs all parties about the intent to commence formal negotiations. It marks a significant step in the representation process.
- Petition for Representation Modification: This document requests changes to existing representation. Similar to the Representation Petition, it requires proof of interest from the employees and may involve elections or card checks.
Dos and Don'ts
When filling out the New Jersey Representation Petition form, it's critical to approach the task with care. Here’s a helpful list of things you should and shouldn't do.
- Do type or clearly print all information to ensure legibility.
- Do review all sections of the petition to make sure they apply to your situation.
- Do attach additional sheets for any information that requires more space, and number them accordingly.
- Don't leave any section incomplete; every part of the form must be filled out.
- Don't submit photocopies of authorization cards; original documents are required.
- Don't forget to sign the petition; an unsigned copy will delay processing.
Misconceptions
Understanding the New Jersey Representation Petition form is crucial for public employees and employers alike. However, several misconceptions can lead to confusion and failure to successfully navigate the filing process. Here are six common misconceptions explained:
- It can be filed at any time. Many believe that a representation petition can be submitted at any moment. In reality, there are specific timeframes during which petitions can be filed. It's essential to refer to the guidelines for exact filing periods.
- Only union representatives can file the petition. Some think that only representatives of existing employee organizations can initiate a petition. However, any public employee or group of employees can file, as well as individual employees acting on their behalf.
- A single signature is sufficient. It is common to assume that one signature or authorization will suffice for the petition. This is incorrect; at least 30% of employees in the negotiations unit must sign and date the showing of interest.
- Filing electronically is allowed. There is a misconception that electronic submissions are acceptable. The petition must be submitted in hard copy with original signatures, including the required number of copies for processing.
- Failure to complete every section doesn’t matter. Some may believe that skipping sections of the form is permissible. Failing to provide complete information can delay the process. It's important to complete all sections accurately or indicate "N/A" where applicable.
- Once filed, the process is quick. Many expect an immediate response after filing. The reality is that processing can take time. Ensuring all documents are in order can help expedite the review.
Awareness of these misconceptions is essential. Understanding the requirements and nuances of the representation petition process will help avoid unnecessary delays and complications.
Key takeaways
When filling out the New Jersey Representation Petition form, keep these key takeaways in mind:
- Complete All Sections: Make sure to fill out all sections of the form, from 1 to 6. Use clear, legible print or type your responses.
- Identify the Public Employer: Include the full name and address of the public employer. Specify the representative's name and contact information.
- Provide Petitioner Information: Clearly list the full name and address of the petitioner, along with their representative's details.
- Majority Organization: Fill in the name and details of the current majority organization, including any existing contract expiration dates.
- Request Type: Check the appropriate box indicating whether you are seeking certification by election, decertification, or certification by card check.
- Current Representation Information: If applicable, mention any other employee organizations that may have an interest in the petition.
- Submission Requirements: Submit the original petition and four copies along with a valid showing of interest. Follow the mailing or courier guidelines provided.
Each step is crucial for the effective processing of your petition. Take your time and make sure everything is accurate before submission.
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