What must a request to intervene include if it is filed by a labor organization that is not the incumbent exclusive representative ?

Under Section 2422.8(c) of the Regulations, except for incumbent exclusive representatives, in addition to a statement that it has complied with section 7111(e) of the Statute (that is, that it has submitted to the Region and the agency involved a roster of its officers and representatives, a copy of its constitution and bylaws, and a statement of its objectives) a labor organization must include one of the following:

  • a showing of interest of 10% or more of the employees in the unit covered by a petition seeking an election, with an alphabetical list of the names of the employees constituting the showing of interest; or

  • a current or recently expired collective bargaining agreement covering any of the employees in the unit affected by issues raised in the petition; or

  • evidence that it is or was, prior to a reorganization, the recognized or certified exclusive representative of any of the employees affected by issues raised in the petition.