Modification of Bargaining Units - See Pub 302.05

A Petition for Modification may be filed to request the addition of positions to an existing bargaining unit, or to request the removal of positions from the unit.  Such petitions are sometimes the result of an agreement reached at the bargaining table.  They may also result from the creation of new positions, substantive changes to existing positions, or the efforts of a rival union to represent a portion of the employees in the existing unit.  If contested, the petitioner has the burden of proving the request is justified under the criteria set forth in Pub 302.05.   

Who may file - only the public employer, the bargaining unit representative, or, in limited circumstances, another employee organization, may file a Petition for Modification.  In general, the public employer and exclusive representative may file modification petitions at any time, subject to the restrictions in Pub 302.05 (b).  

An employee organization other than the incumbent exclusive representative may file a modification petition only in conjunction with a Petition for Certification – Challenge to Existing Representative.  In such cases the “challenger” is seeking to create a new bargaining unit (which it hopes to represent) comprised, in whole or part, of positions to be removed from an existing bargaining unit (via the Petition for Modification). Note:  Consistent with RSA 273-A:11 (b),  Pub 301.03, Pub 301.01, and Pub 302.05, petitions filed during the term of an existing contract by an employee organization other than the incumbent exclusive representative may only be submitted 240 to 180 days prior to the budget submission date in the year the contract expires, and any resulting election must be conducted during the period 180 to 120 days prior to the budget submission date.  Contract extension or duration clauses do not apply when calculating these filing dates.  Petitions may be filed any time following a contract’s expiration and before a successor agreement has been reached.