(1) A Petition for Clarification of Bargaining Unit may be filed with the division only by a bargaining representative of the unit in question or by an employer and only if:

(a) there is no question concerning representation;

(b) the parties to the agreement are neither engaged in negotiations nor within 120 days of the expiration date of the agreement;

(c) a petition for clarification has not been filed with the division concerning substantially the same unit within the past 12 months immediately preceeding the filing of the petition; and

(d) no election has been held in substantially the same unit within, the past 12 months immediately proceeding the filing of the petition.

(2) A copy of any such petition shall be served by the division upon the bargaining representative if filed by the employer and upon the employer if filed by a bargaining representative.

(3) A petition for clarification of an existing bargaining unit shall contain the following:

(a) the name and address of the bargaining representative involved;

(b) the name and address of the public employer involved;

(c) the identification and description of the existing bargaining unit;

(d) a description of the proposed clarification of the unit;

(e) the job classification(s) of employees as to whom the clarification issue is raised, and the number of employees on each such classification;

(f) a statement setting forth the reasons why petitioner desires a clarification of the unit;

(g) a statement that no other employee organization is certified to represent any of the employees who would be directly affected by the proposed clarification;

(h) a brief and concise statement of any other relevant facts; and

(i) the name, affiliation, if any, and the address of petitioner.

(4) The party on whom the petition was served shall have 20 days to file a response with this division.

(5) Upon a determination that a question of fact exists, this division may set the matter for hearing. Upon completion of the hearing this division may:

(a) grant the petitioned for clarification in whole or in part; or

(b) deny the petitioned for clarification in whole or in part.