Meeting Minutes and Agendas

Meeting Date Agenda Minutes
February 6, 2018 Agenda Minutes
January 9, 2018 Agenda Minutes
November 14, 2017 Agenda Minutes
September 12, 2017 Agenda Minutes
August 1, 2017 Agenda Minutes
June 6, 2017 Agenda Minutes
April 25, 2017 Agenda Minutes
February 7, 2017 Agenda Minutes
January 10, 2017 Agenda Minutes

Questions frequently asked about labor-management relations

What is PEBA?

The Public Employee Bargaining Act is the primary law governing relations between unions and public employers. The statute guarantees the right of employees to organize and to bargain collectively with their employers, or to refrain from all such activity.

What is the PELRB?

The PELRB is the state agency charged with administering PEBA. As such, the PELRB has authority and jurisdiction to enforce the provisions of PEBA and board rules and regulations. This means the PELRB has jurisdiction over all general collective bargaining matters between employee organizations or individual public employees and either state agencies or units of local government that have not established a local labor board pursuant to PEBA. The PELRB also has jurisdiction to ensure that local labor ordinances and resolutions (and in some instances, local labor boards) comply with PEBA.

What does the PELRB do?

The Board's mission is to: "guarantee public employees the right to organize and bargain collectively with their employers promote harmonious and cooperative relationships between public employers and employees and protect the public interest by assuring the orderly operation and functioning of the state and its political subdivisions."

See PEBA, § 2 (Purpose of Act).

In carrying out this mission, the Board's primary functions are to:

  1. promulgate rules as needed to perform its duties, including establishing procedures related to the determination of prohibited practice complaints, the approval of local boards, and the processing of petitions concerning representation,
  2. hold hearings to determine appropriate bargaining units;
  3. conduct secret ballot elections or other alternative appropriate procedures for determining whether public employees desire union representation;
  4. approve voluntary recognition agreements;
  5. certify the bargaining status of incumbent labor organizations;
  6. certify, decertify, modify, clarify, accrete, and sever bargaining units;
  7. hold hearings to determine whether a practice prohibited under PEBA has occurred and, if so, issue an appropriate administrative remedy;
  8. issue temporary injunctive relief or restraining orders prior to a hearing on the merits, if warranted;
  9. approve local boards, upon submission and consideration of an appropriate application;
  10. revoke prior approval of local boards upon a determination that the local board no longer meets the requirements of § 10 of PEBA, notice of such finding, and adequate opportunity to cure the deficiency;
  11. maintain a record of all hearings and proceedings;
  12. timely issue written decisions related to the foregoing;
  13. periodically compile, classify, index and publish its decisions;
  14. educate public employers, public employees and unions as to their rights and responsibilities under PEBA;
  15. gather information, conduct studies and disseminate information as needed concerning relations between public employers, public employees and bargaining agents; and
  16. seek judicial enforcement of board orders as needed.

Who conducts the vote for an election and who pays the cost for an election?

If the State Board is conducting the election, the State Board pays its staff, pays for preparing the ballots and any other costs involved. If a local board is conducting the election you should refer to your local board's rules for specifics. It may contract with an independent party to conduct the election.

Will all employees affected by the organizing efforts have an opportunity to vote?

Yes, if an on site election is conducted all employees in the bargaining unit may vote. When a Card Count (count of authorization cards) is done then people vote for the union by signing a card or against the union by not signing a card.

What does Fair Share mean?

Fair Share is the amount paid by non-union members in a bargaining unit to the union for their representation of bargaining unit members. The union has a duty to represent all bargaining unit members not only union members. The Courts have stated what costs are allowed to be passed on to non-union members and what items are not allowed. Fair Share is a permissive bargaining issue.

Is there any mechanism, other than a vote, for employees to organize?

A public employer may voluntarily recognize a union as the exclusive bargaining agent for public employees. The certification is only possible after a majority showing on the part of the union, usually by authorization cards signed by a majority of employees.

What is the definition of an appropriate bargaining unit?

An appropriate bargaining unit is a group of employees designated by the board or local board for the purpose of collective bargaining. Appropriate bargaining units shall be established on the basis of occupational groups or clear and identifiable communities of interest in employment terms and conditions and related personnel matters among the public employees involved. Occupational groups shall generally be identified as blue-collar, secretarial clerical, technical, professional, paraprofessional, police, fire and corrections. The parties, by mutual agreement, may further consolidate occupational groups.

Essential factors in determining appropriate bargaining units shall include the principles of efficient administration of government, the history of collective bargaining and the assurance to public employees of the fullest freedom in exercising the rights guaranteed by the Public Employee Bargaining Act

What if a unit is organized and employees no longer wish to be represented by the union?

There is a procedure for decertification of an exclusive bargaining agent (union). The procedure is the same for decertification as it is for certification.

How can PELRB staff provide assistance?

We are happy to help you if we can. However, as board staff we must be fair to everyone and we do not take sides, so we are allowed to help you only in certain ways:

Staff CAN:


Encourage you to seek legal advice from a licensed attorney or refer you to another agency that may be able to help you

Endorse specific lawyers or community resources, or contact them for you

Refer you to sections of the PEBA and sections of the Board’s Practice Manual that may be relevant to you inquiry

Perform legal research by applying the law to specific facts or expressing an opinion about what law applies or whether you should file a case

Provide Board approved forms and instructions without advising any specific course of action

Create documents for you

Provide information about what is requested on forms WITHOUT suggesting specific words to put into the forms

Fill in forms for you

Provide general information about Board rules, available citations, legal terminology, administrative orders, procedures and practices

Provide interpretation or application of Board or administrative rules or regulations, constitutional or statutory provisions, legal terminology and case law based on specific facts

Provide publicly available, non-sequestered information on docketed cases

Provide you with information that has been restricted by court order, statute, rules or regulations or case law

Provide general information about Board processes, procedures and practices, including Board schedules and how to get matters scheduled

Explain Board orders or decisions, or assist or participate in communications with the Director outside the presence of opposing parties

Provide information about proper conduct when appearing before the Board or one of its Hearing Officers.

Advise you what to say