Challenges to Existing Bargaining Unit Representatives - See RSA 273-A:10, A:11, Pub 301.01, Pub 301-03

Employees and/or another employee organization may request an election to change the bargaining unit representative by filing a Petition for Certification – Challenge to Existing Representatives.  The petition must be supported by Authorization Cards signed by at least 30% of the employees holding positions in the bargaining unit.  The requirements of Pub 301.01 apply. 

Consistent with RSA 273-A:11 (b),  Pub 301.03, and Pub 301.01, petitions filed during the term of an existing contract 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.  Note: 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.

In cases where the intent is to form and represent a new bargaining unit comprised of a portion of the employees in an existing bargaining unit, a Modification Petition and a Petition for Certification – Challenge to Existing Representative must be filed simultaneously.  Note: a challenge petition is filed because the incumbent exclusive representative of the existing bargaining unit is entitled to appear as a ballot choice in the event an election is scheduled.  The time constraints on filing during the term of a contract apply.