Plain Text Law

Title 14 — Subtitle 30. Public Employee Relations Board

Chapter 01. Definitions

Regulation .01 Definitions.Copy Citation

A.
In this subtitle, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Board” means the Maryland Public Employee Relations Board (PERB) established by State Government Article, §22–301, Annotated Code of Maryland.
(2)
“Business day” means Monday through Friday, excluding State holidays and any other day the State is closed for business.
(3)
“Chair” means the chair referenced in State Government Article, §22–302(a)(1), Annotated Code of Maryland.
(4)
“Deputy Director” means any appropriate Deputy Director identified in State Government Article, §22-305, Annotated Code of Maryland.
(5)
“Election period” means the period from the date an election petition is filed to the date employees can begin voting.
(6)
“Executive Director” means the individual appointed by PERB under State Government Article, §22–304, Annotated Code of Maryland.
(7)
“Negotiability dispute” means a dispute arising in good faith during the course of collective bargaining as to whether a specific issue is subject to collective bargaining.
(8)
“Presiding hearing officer” means the individual or body designated to preside over any hearing conducted under this subtitle.
(9)
“State” means the State of Maryland.

Chapter 02. Board Policy

Regulation .01 Voluntary Settlements; Adjustments.Copy Citation

A.
It is Board policy to encourage the voluntary efforts of the parties to settle or adjust disputes.
B.
Such efforts at resolution and any settlements or adjustments reached shall be consistent with the provisions, purposes, and policies of Education Article, Titles 6 and 16, Personnel and Pensions Article, Title 3, and State Government Article, Title 22, Annotated Code of Maryland.

Chapter 03. General Course and Method of Operation

Regulation .01 Receipt and Review.Copy Citation

A.
The Board may assign the Executive Director to process and assign petitions and charges filed with the Board.
B.
The Executive Director shall first screen the petition or charge to ensure that the Board has jurisdiction to hear the case.

Regulation .02 Dismissal for Lack of Jurisdiction.Copy Citation

A.
Subject to the Board’s approval, the Executive Director may dismiss the case for lack of jurisdiction.
B.
In the case of dismissal for lack of jurisdiction, the complainant shall be notified, in writing, of the Board action as well as the reason or reasons for the dismissal.

Chapter 04. Filing

Regulation .01 When Filed.Copy Citation

A document is filed with the Board when it is received by the Executive Director or the Executive Director’s designee via mail, email, or personal delivery.

Regulation .02 Address and Contact Information.Copy Citation

A.
All filings and other communications with the Board shall be addressed to the Maryland Public Employee Relations Board.
B.
Means of contacting the Board can be found on its website.

Chapter 05. Computation of Time Periods

Regulation .01 Time Periods.Copy Citation

In this subtitle, time periods refer to calendar days unless otherwise indicated.

Regulation .02 Service.Copy Citation

A.
For purposes of service of any document filed before the Board, absent any evidence to the contrary, it is presumed that any document served by U.S. mail was received by the addressee 3 business days after the date the document was mailed.
B.
A 3-day period shall be added to any time period in which service was affected by mail.

Regulation .03 Beginning and Ending of Time Periods.Copy Citation

A.
A time period is computed beginning with the day after the act or event which initiates the period and concludes with the last day of the period.
B.
A time period which would otherwise end on a weekend, State holiday, or day the State is closed for business instead ends on the following business day.
C.
For time periods of fewer than 10 days, weekend days, State holidays, and days the State is closed for business do not count in computing the time period.

Regulation .04 Extension of Time Periods.Copy Citation

The Board or the Executive Director may extend a time period not prescribed by statute. This may happen:
A.
Before the initial time period ends, without motion or notice, if good cause for the extension is shown; and
B.
After the initial time period ends, upon written motion filed with the Executive Director, if the failure to act was the result of excusable neglect or good cause.

Chapter 06. Requests for and Inspection of Board Documents

Regulation .01 General Rules.Copy Citation

A.
The public may inspect the rules, decisions, and public records of the Board upon written request filed within a reasonable time period in advance of inspection.
B.
A prescribed format for requests for inspection may not be required.
C.
Written requests shall be submitted to the Board at its official address.

Regulation .02 Requests for Board Documents.Copy Citation

A.
A person may request in writing copies of the Board’s reports, decisions, orders, and certifications.
B.
A request for public records of PERB shall be provided at cost.

Chapter 07. Petition for Adoption of Regulation

Regulation .01 Request for New Regulation.Copy Citation

A.
An interested person may submit to the Board a petition for consideration of the adoption of a regulation.
B.
Within 60 days after the petition is submitted, the Board shall:
(1)
In writing, deny the petition and state the reasons for the denial; or
(2)
Initiate the procedures for consideration of the regulation.

Chapter 08. Procedures Applicable to All Proceedings

Regulation .01 When a Hearing May Be Held.Copy Citation

The Board or its delegee shall hold a hearing when:
A.
The Board finds there is a dispute of a material fact or facts and probable cause that an unfair labor practice has been committed;
B.
The Board finds that there is a dispute over the appropriateness of a bargaining unit; or
C.
There is a request to deny or revoke certification of an exclusive representative for willfully failing to comply with the State Government Article, Title 22, Annotated Code of Maryland.

Regulation .02 Representation Hearings.Copy Citation

The Board or its delegee may hold a hearing in representation proceedings other than bargaining unit disputes:
A.
To establish procedures for resolving disputes about negotiability; or
B.
In impasse proceedings.

Regulation .03 Informal Resolution with Parties.Copy Citation

A.
Parties on their own may voluntarily settle any matter.
B.
A Deputy Director may assist the parties with the settlement of an unfair labor practice case.

Regulation .04 Terms of Settlement.Copy Citation

Terms of any voluntarily approved settlement shall be approved by the Board.

Regulation .05 Withdrawal of Charge.Copy Citation

A party may withdraw a charge prior to the issuance of a complaint by providing notice to the appropriate Deputy Director.

Regulation .06 Expedited Proceedings at the Board’s Discretion.Copy Citation

A.
If the Board after review and discussion of all the materials in a case determines that there are no material facts in dispute, the Board may choose to expedite review of the case and decide it without a hearing.
B.
If the Board chooses expedited review, the Chair shall inform the parties that the case will be decided without a hearing, unless the parties show that there are material facts in dispute or offer another compelling reason or reasons.
C.
In expedited review, the Board shall establish deadlines for the parties to submit a joint statement of material facts, any facts that a party contends are in dispute, and briefs with arguments and precedents in support of their position.
D.
The Board shall decide the case based on the submissions of the parties.

Regulation .07 Notice of Hearing.Copy Citation

A.
Service by Mail. Written notice of a Board or delegated hearing shall be delivered by the Board to all parties by mail or email.
B.
Contents. For Board hearings, the notice shall include:
(1)
A statement of the date, time, place, nature, and method, whether in-person, by mail, or by electronic means, of the hearing;
(2)
A statement of the legal authority and jurisdiction under which the hearing is to be held;
(3)
A reference to the particular sections of the statutes and regulations involved;
(4)
A copy of the document or documents that prompted the hearing; and
(5)
Any other information required by State Government Article, §10-208, Annotated Code of Maryland.
C.
For hearings conducted by the Office of Administrative Hearings, notice shall comply with the requirements of COMAR 28.02.01.05.

Regulation .08 Determination of Presiding Hearing Officer.Copy Citation

A.
In hearings conducted by the Board, the Chair shall preside for purposes of administering the hearing pursuant to this chapter.
B.
The Chair may designate a Board member to preside in the Chair’s absence.
C.
The presiding hearing officer shall fix the time, place, and method for all hearings.

Regulation .09 Representation.Copy Citation

A.
Except as otherwise provided by law, a party with standing to participate in a proceeding before the Board may appear and represent themselves or be represented by an attorney licensed to practice law in Maryland.
B.
In the event that an out-of-State attorney seeks to represent a party before the Board, the attorney shall apply for admission under Business Occupations and Professions Article, §10-215, Annotated Code of Maryland, and Rules Governing Admission to the Bar of Maryland, Rule 19-217.

Regulation .10 Prehearing Submissions and Conference.Copy Citation

A.
In hearings conducted by the Board, any party and any interested employee organization may submit to the presiding hearing officer prior to the hearing any motions, pleadings, or briefs for consideration.
B.
Documents submitted under §A of this regulation shall be submitted at least 10 days prior to the hearing.
C.
The presiding hearing officer may order a prehearing conference for any administrative purpose the presiding hearing officer considers necessary for the appropriate and orderly conduct of a pending matter.
D.
The parties shall cooperate in good faith with the presiding hearing officer in the appropriate and orderly conduct of any pending matter.
E.
The presiding hearing officer may order, with the consent of all parties, a prehearing conference for the purpose of seeking the voluntary resolution of a pending matter.

Regulation .11 Subpoenas.Copy Citation

A.
Issuance of Subpoenas.
(1)
The Board, the Executive Director, or the Office of Administrative Hearings, as appropriate, may issue subpoenas requiring the attendance and testimony of witnesses and production of documents or tangible items at any hearing.
(2)
Subpoenas issued by the Office of Administrative Hearings shall be issued in accordance with COMAR 28.02.01.14.
B.
Request for Subpoenas.
(1)
A request for issuance of a subpoena shall:
(a)
Be made in writing to the Board, Executive Director, or Office of Administrative Hearings, as appropriate;
(b)
State:
(i)
The name and address of the individual to be subpoenaed;
(ii)
If production of documents or tangible items is sought, a particular description of the documents or tangible items sought; and
(iii)
The name, address, email address, if any, and telephone number of the party requesting the subpoena; and
(c)
Be sent by personal delivery, certified mail, or email to each party.
(2)
To the extent practicable, a request for subpoena shall be filed with the Board, Executive Director, or Office of Administrative Hearings, as appropriate, at least 7 days before:
(a)
A prehearing conference, if one has been scheduled; or
(b)
The hearing, if no prehearing conference has been scheduled.
C.
Service of Subpoenas. A subpoena may be served by personal service, by certified mail or by email.
D.
If the subpoena is served by an individual other than the Office of Administrative Hearings, a certificate of service attesting to the method of service and date of service shall be filed with the Board, Executive Director, or Office of Administrative Hearings, as appropriate.
E.
Objections to Subpoenas. A party or an individual who has been served a subpoena may object to the subpoena by filing a motion to modify or quash the subpoena within 7 days of service of the subpoena or by the date of the hearing, whichever is earlier.
F.
Enforcement of Subpoenas.
(1)
If a person fails to comply with a properly served subpoena, the Board shall issue an order requiring compliance with the subpoena.
(2)
The Board or the Office of Administrative Hearings as appropriate may apply to the appropriate circuit court for an order to show cause why an individual should not be sanctioned for refusal to comply with a subpoena.

Regulation .12 Continuance.Copy Citation

A.
Application. A party may request a continuance for good cause upon written application to the presiding hearing officer before commencement of the hearing or other proceeding, or by oral application to the presiding hearing officer during the hearing and shall give simultaneous notice of the request to all parties.
B.
Order. Board hearings or proceedings on any matter may be continued by order of the presiding hearing officer with the reasons or other conditions stated in the order, with notice to all parties.

Regulation .13 Failure to Attend Hearing or Proceeding and Default.Copy Citation

A.
If, after receiving notice, a party fails to attend a prehearing conference, hearing, or other scheduled proceeding, the Board or delegee, as appropriate, may impose sanctions, which may include a final default decision and order, against the defaulting party.
B.
Within 7 days after service of a default decision and order, the party may file a written motion:
(1)
Requesting that the default decision and order be vacated or modified; and
(2)
Stating the grounds for the request.
C.
If the Board or delegee, as appropriate, finds that there is a substantial and sufficient basis for an actual controversy on the merits and that there is good cause to excuse the default, the Board or its delegee, as appropriate, may vacate the default decision and order.
D.
A final default decision and order is the final administrative action.

Regulation .14 Consolidation.Copy Citation

Upon application of a party or upon its own motion, the Board may consolidate for hearing any cases that involve common questions of law or fact.

Regulation .15 Stipulations and Affidavits.Copy Citation

A.
Stipulations.
(1)
The parties, by stipulation, may agree to any substantive or procedural matter.
(2)
A stipulation may be filed in writing or entered on the record at the hearing.
B.
Affidavits. A party, the Board or any Board staff, or the presiding hearing officer, because a witness is unavailable for another appropriate reason, may admit an affidavit as evidence. All affidavit testimony shall be under oath or affirmation and subject to the penalties of perjury.

Regulation .16 Motions.Copy Citation

A.
Process.
(1)
Unless otherwise provided by this subtitle, a party:
(a)
May move for appropriate relief before or during a hearing, including, if appropriate, for summary decision by the Board; and
(b)
Shall submit all motions in writing in accordance with §A(2) of this regulation, or orally at a hearing.
(2)
A written motion shall:
(a)
Be filed not later than 5 days before the date of a prehearing conference, if any, or 7 days before the date of the hearing;
(b)
State concisely the question to be determined;
(c)
Be accompanied by all supporting documentation;
(d)
Be accompanied by a memorandum of points and authorities; and
(e)
Be served on each party.
(3)
A response to a written motion shall be filed on the earlier of:
(a)
5 days after service of the motion; or
(b)
The date of the hearing.
B.
Amendments.
(1)
A charge, motion, or response may be amended for good cause shown, but not ex parte, upon motion at any time before the start of the hearing.
(2)
Form. Motions to amend shall be in writing filed with the presiding hearing officer, and the moving party shall serve a copy upon all parties by regular mail or email.
(3)
The Board, the Executive Director, or the administrative law judge, as appropriate, may schedule a hearing to consider a written motion.
C.
Rulings.
(1)
The Board may rule on a motion for summary decision prior to, during, or after hearing. The Board may grant such a motion if it finds that:
(a)
There is no genuine issue as to any material fact; and
(b)
The moving party is entitled to prevail as a matter of law.
(2)
The Board or administrative law judge may reserve ruling on a motion until during or after a hearing. The presiding hearing officer may issue a written ruling or orally state the ruling on the record.
(3)
If the Board decides that a ruling on a motion shall be reserved until after the hearing, the Board shall issue the ruling in writing and may include the ruling in the final decision.
(4)
The filing or pendency of a motion does not alter or extend any time limit otherwise established by this chapter.

Regulation .17 Conduct of Hearings.Copy Citation

A.
On a genuine issue in a contested case, each party is entitled to:
(1)
Call witnesses;
(2)
Offer evidence, including rebuttal evidence;
(3)
Cross-examine opposing witnesses; and
(4)
Make opening and closing statements.
B.
Virtual Hearings.
(1)
The Board or the administrative law judge, as appropriate, may conduct all or part of the hearing by video conferencing or other electronic means.
(2)
All substantive and procedural rights apply to video or other electronic hearings, subject only to the limitations of the physical arrangement.
C.
Quorum.
(1)
A quorum of the Board shall attend all hearings conducted by the Board.
(2)
If reasonably practicable, the attending Board members shall be the Chair, and at least one of the Members from the list submitted by exclusive representatives, and at least one of the Members from the list submitted by public employers.
(3)
If all parties consent, it is permissible for a variation from the composition of Board members described in §C(2) to attend the hearing.

Regulation .18 Evidence.Copy Citation

A.
Evidence shall be admitted in accordance with this chapter and State Government Article, §10-213, Annotated Code of Maryland.
B.
The rules of evidence observed by courts do not apply to hearings under this subtitle.
C.
The presiding hearing officer shall admit evidence, including reliable hearsay evidence, if it is the kind upon which reasonable persons are accustomed to relying in administrative proceedings.
D.
Irrelevant or unduly repetitive evidence may be excluded.
E.
The presiding hearing officer shall observe the rules of privilege recognized by law.
F.
All testimony at a hearing shall be under oath or affirmation and subject to the penalties of perjury.
G.
The presiding hearing officer may admit as evidence all or part of the information described under COMAR 28.02.01.21.
H.
Sequestration of Witnesses.
(1)
Upon request by a party, or on their own behalf, the presiding hearing officer may sequester witnesses from the hearing room.
(2)
The presiding hearing officer shall order the witnesses, parties, attorneys, and all others present in the hearing room not to disclose to any witness sequestered under this section the nature, substance, or purpose of testimony, exhibits, or other evidence introduced during the witness’s absence.

Regulation .19 Expert Testimony.Copy Citation

Expert testimony may be accepted by the presiding hearing officer if the testimony, as proffered, would aid in an understanding of the case.

Regulation .20 Appointment of Interpreter.Copy Citation

A.
If a party or witness cannot readily hear, speak, or understand the spoken or written English language, on motion timely submitted, the Board, the Executive Director, or the presiding hearing officer, as appropriate, shall appoint a qualified interpreter to provide assistance during the hearing.
B.
An interpreter shall take an oath or affirmation that the interpreter will accurately translate.
C.
The party requesting the interpreter shall bear the cost of the interpreter, unless the party or witness is hearing-impaired.
D.
Waiver of Cost of the Interpreter.
(1)
A party who by reason of indigence is unable to pay the cost of the interpreter may file a request for waiver of that cost with the presiding hearing officer. The waiver request shall be accompanied by an affidavit verifying the facts set forth in the request and the applicant’s inability to pay.
(2)
If the presiding hearing officer is satisfied that the applicant is unable by reason of indigence to pay the cost of the interpreter, the presiding hearing officer may waive the payment of cost, with the cost paid by the Board.
(3)
A waiver of the cost of an interpreter shall be available only to an individual applicant and not to a group or other entity.

Regulation .21 Burdens of Going Forward and Persuasion.Copy Citation

A.
In any proceeding under this chapter, the petitioner, moving party, or appellant bears the burden of going forward to establish a prima facie case as to the existence of grounds for its action.
B.
The Board or the presiding hearing officer, as appropriate, shall find against a party with the burden of:
(1)
Going forward, if that party has not presented sufficient evidence to establish a prima facie case for the party’s claim or defense; or
(2)
Persuasion, if that party has not presented evidence sufficient to establish the correctness of the party’s claim or defense by a preponderance of the evidence.

Regulation .22 Ex Parte Communications.Copy Citation

A.
A party or a party’s representative may not communicate ex parte with members of the Board, the Executive Director, an administrative law judge, or any of their staff who have participated in the contested case regarding the merits of any issue in the hearing.
B.
Actions taken by the Board, Board staff, or an administrative law judge following an ex parte communication are governed by State Government Article, §10-219, Annotated Code of Maryland.

Regulation .23 Transcripts; Costs.Copy Citation

A.
The Board shall provide a court reporter and transcription services for the hearing, with the cost, including a copy of the transcript being provided to the Board, to be split by the parties.
B.
Waiver of Transcription Costs.
(1)
A party who by reason of indigence is unable to pay the cost of transcription may file a request for waiver of the costs with the presiding hearing officer.
(2)
The request of waiver shall be accompanied by an affidavit verifying the facts set forth in the request and the applicant’s inability to pay.
(3)
If the presiding hearing officer is satisfied that the party is unable by reason of indigence to pay the cost of transcription, the presiding hearing officer may waive the payment of cost, and that party’s cost shall be paid by the Board.
(4)
A waiver of transcription costs shall be available only to an individual applicant and not to a group or other entity.

Regulation .24 Briefs and Oral Arguments.Copy Citation

A.
Oral Arguments. At the discretion of the presiding hearing officer, oral arguments may be presented by the parties with time limits determined by the presiding hearing officer.
B.
Briefs. Briefs may be filed in the order and within the time and any page limits set by the presiding hearing officer.
C.
All briefs shall be served on all parties in the proceeding by mail, email, or personal delivery.

Regulation .25 Board Decision.Copy Citation

A.
The Board, as soon as reasonably practicable after the conclusion of the hearing, and in accordance with any timelines prescribed by statute, shall issue a written decision.
B.
The decision of the Board is the final administrative decision for purposes of judicial review. Unless the matter is remanded for further proceedings, or a motion for reconsideration is filed, the date of the written decision of the Board is the date of the final decision of the agency for purposes of judicial review.
C.
A final decision shall:
(1)
Be in writing;
(2)
Be served on all parties by mail or email; and
(3)
Contain:
(a)
Findings of fact and conclusions of law, separately stated;
(b)
An order; and
(c)
A statement of the available procedures and time limitations for review.
D.
Reconsideration. In the event of fraud, mistake, or irregularity, a final decision may be reconsidered and corrected at any time.

Regulation .26 Judicial Review.Copy Citation

A.
A party who is aggrieved by a final decision is entitled to judicial review in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
B.
The Board may request to intervene as a party to the judicial proceeding.

Chapter 09. Unfair Labor Practice Proceedings

Regulation .01 Charge.Copy Citation

A.
Party. A party alleging an unfair labor practice may request relief from the Board by filing a charge with the Executive Director.
B.
Form. A charge shall be in writing and signed on a form provided by the Board according to this subtitle.
C.
Timeliness. The charge shall be filed with the Board within 6 months from the later of the alleged violation or following the time that a reasonable person would, upon exercising due diligence, have discovered the occurrence of the alleged violation.
D.
A charge shall:
(1)
Accurately describe the issues;
(2)
Provide a clear and concise statement of the facts constituting the alleged unfair labor practice, including the names of the individuals involved in the alleged act, the dates and places of the alleged occurrence, and the specific unfair labor practice under this chapter;
(3)
Contain the name, mailing address, email address if any, and telephone number of the complainant, and the same information, if known, about any other party named, including the name and title of the complainant’s representative, if any, and the representative of any other named party; and
(4)
Include a declaration that the complainant swears and affirms, under the penalties of perjury and upon knowledge, information, and belief, that the allegations are true and correct.
E.
The charging party shall serve the charge on all other parties by personal delivery, mail or email, and provide a certificate of service to the Executive Director by mail or email.

Regulation .02 Investigation.Copy Citation

A.
After a charge is properly filed with the Board, the Executive Director shall, as soon as reasonably practicable, email or mail a copy of the charge to all parties along with a letter explaining the next steps of the process.
B.
A Deputy Director shall commence investigation of a charge as soon as reasonably practicable after it is filed, and notify the Executive Director and the Board if the Deputy Director finds:
(1)
The charge is untimely filed;
(2)
The charge fails to state an actionable claim under State Government Article, Title 22, Annotated Code of Maryland; or
(3)
The Board holds no jurisdiction over the claims presented in the charge.
C.
If the charge alleges an unfair labor practice “resulting from a party’s conduct in collective bargaining” and alleges it has affected bargaining, the following actions are required:
(1)
A Deputy Director shall notify the charged party that it must file a response to the charge with the Board within 10 days of the date of the letter issued by a Deputy Director under §A of this regulation.
(2)
The charged party’s response shall include a specific admission or denial of each allegation of the complaint. Admissions or denials may be made to all or part of an allegation but shall fairly address the allegations. If appropriate, the answer may include any defense.
(3)
If, upon proper service of the complaint, the respondent fails to file a response, the failure may be considered by the Board to be an admission of the material facts alleged in the complaint.
(4)
The Deputy Director shall investigate the allegations, the defenses, and all relevant facts.
(5)
Within 20 days of the filing of the charge, the Deputy Director shall seek informal resolution of the charge with the parties.
(6)
Within 20 days of the filing of the charge, the Deputy Director shall submit to the Board a written report. The report shall set forth the Deputy Director’s recommendations to the Board as to whether, based on the totality of the factual circumstances ascertained during the investigation, probable cause exists to believe that the alleged unfair labor practice has occurred.
(7)
After receiving the Deputy Director’s report, and within 30 days of receiving a properly filed charge, the Board shall decide whether to issue a complaint or dismiss the charge. The Board may also seek informal resolution of the charge by stipulation, agreed settlement, consent order, or by any other method agreed upon by the parties.
(8)
The Board shall issue its decision within 90 days of the filing of the charge.
D.
For all charges of unfair labor practices not covered by §C of this regulation, the following actions are required:
(1)
A Deputy Director shall notify the charged party that it must file with the Board a response to the charge within 20 days of the date the processing letter was sent. Upon application and good cause shown, the Executive Director may extend the time to answer to a specific time and date.
(2)
The Deputy Director shall investigate the allegations, defenses, and all relevant facts.
(3)
The Deputy Director shall, prior to submitting a recommendation to the Board, seek informal resolution of the charge with the parties.
(4)
The Deputy Director shall provide to the Board a case file of all relevant information gathered in the investigation, including the charge, any responses, any requested exhibits, and a written report. The report shall set forth the Deputy Director’s recommendations to the Board as to whether, based on the totality of the factual circumstances ascertained during the investigation, probable cause exists to believe that the alleged unfair labor practice has occurred.
(5)
After receiving the Deputy Director’s report, the Board shall decide whether to issue a complaint or dismiss the charge. The Board may also seek informal resolution of the dispute by stipulation, agreed settlement, consent order, or any other method agreed upon by the parties.
E.
The Board may establish appropriate internal procedures, as considered necessary, to further implement this chapter.
F.
If the Board finds that probable cause exists to support an unfair labor practice, the Board shall take the actions required by the State Government Article, §22-307, Annotated Code of Maryland, including issuing a complaint. Not less than 15 days after issuing a complaint, the Board shall issue a Notice of Hearing before the Board or the Office of Administrative Hearings.

Chapter 10. Representation Elections

Regulation .01 Filing a Petition.Copy Citation

A representation petition may be filed by:
A.
An employee organization seeking certification as an exclusive representative; or
B.
An employee, a group of employees, or an employee organization seeking a new election to determine an exclusive representative.

Regulation .02 When to File the Petition.Copy Citation

A petition may be filed at any time, provided that no election may be held for a bargaining unit within 12 months following the final date of a previous election conducted for that unit.

Regulation .03 How to File a Petition.Copy Citation

An original and any amended petition shall be filed with the Executive Director. The petitioner shall make and maintain a copy of the petition or amended petition.

Regulation .04 Eligible Voters.Copy Citation

Employees eligible to vote are those employees who:
A.
Are employed on the date of the last payroll period before the petition for the election is filed; and
B.
Are still employed at the end of the election period.

Regulation .05 Petition.Copy Citation

A.
An initial petition for a representation election, and any other petitions for an employee organization to be included on the ballot in that election, shall meet the showing of interest requirements set forth in State Government Article, §§22-402 and 22-405, Annotated Code of Maryland.
B.
Every petition shall be in writing and shall contain:
(1)
The name, address, telephone number, and email address of the petitioner’s representative;
(2)
The purpose for the petition;
(3)
The bargaining unit involved in the petition;
(4)
A copy of the most current or recent collective bargaining agreement, if any;
(5)
A declaration by the petitioner or the petitioner’s representative under the penalties of perjury that the contents of the petition are true and correct to the best of the declarant’s information and belief; and
(6)
Any other facts relevant to the petition.
C.
In addition to the items required by §B of this regulation, an election petition shall contain or be accompanied by:
(1)
The name of the employee organization as it will appear on the ballot;
(2)
Showing of interest forms signed by the percentage of eligible employees in the appropriate bargaining unit required by State Government Article, §§22-402 and 22-405, Annotated Code of Maryland;
(3)
A copy of the employee organization’s governing documents that:
(a)
Give individual members the right to participate in the activities of the organization;
(b)
Require periodic elections by secret ballot that are conducted with recognized safeguards to ensure the equal rights of all members to nominate, seek office, and vote in the elections; and
(c)
Direct full and accurate accounting of all income and expenses using standard accounting methods; and
(4)
A certification that the organization accepts members without regard to any characteristic listed in State Government Article, §22-201(d), Annotated Code of Maryland.
D.
When filing the petition, the petitioner shall also request a preferred method of voting, that is, on-site, by mail, or by electronic means.

Regulation .06 Showing of Interest Forms.Copy Citation

A.
The employer shall provide to the Board and the petitioner within 2 days of the filing of a petition an alphabetical list of public employees in the bargaining unit requested by the petitioner with the information required by State Government Article, §22-402(f)(2), Annotated Code of Maryland.
B.
The Executive Director shall determine the adequacy of the showing of interest based on the number of eligible employees in the proposed unit by comparing the showing of interest forms with the list provided by the employer.
C.
Content of Form.
(1)
Each showing of interest form shall be an original separate document for each eligible employee in the appropriate bargaining unit who supports representation by the petitioner organization.
(2)
A signed union authorization card or union membership card including the name of the petitioner is a valid showing of interest form.
(3)
Forms other than union authorization cards or union membership cards shall contain:
(a)
A handwritten or electronic signature of the employee;
(b)
The date the form was signed; and
(c)
A statement that the employee who signed the form desires to be represented by the petitioner for the purposes of collective bargaining.
(4)
All signatures used for the showing of interest, including those on authorization or membership cards, shall be collected no more than 18 months prior to the filing of the petition.

Regulation .07 Evaluation of Showing of Interest Forms.Copy Citation

A.
Review by Executive Director.
(1)
Each name on the showing of interest forms shall be compared with the names on the employer list.
(2)
Each valid showing of interest form shall be marked in the upper right hand corner in a suitable fashion to show it has been accepted.
(3)
Each invalid showing of interest form shall be marked as:
(a)
“NOL” if the name is not on the employer list;
(b)
“Excluded” or with an abbreviation thereof if named by the employer as an excluded employee; or
(c)
“Invalid” or with an abbreviation thereof if determined invalid by the Executive Director.
(4)
Forms marked “excluded” or with an abbreviation shall indicate the employer’s stated reason for exclusion as follows:
(a)
Managerial employee;
(b)
Confidential employee;
(c)
When excluded from the definition of public employee, a supervisory employee; or
(d)
Other stated reason for exclusion.
(5)
Forms marked “invalid” shall show the reason for invalidity as follows:
(a)
Illegible;
(b)
A duplicate showing of interest form for the same petitioner;
(c)
Fraudulent; or
(d)
Other stated reason for invalidity.
B.
If an employee files one showing of interest form for more than one exclusive representative, one form for each exclusive representative shall be valid if the showing of interest form otherwise complies with this subtitle.
C.
The number of accepted showing of interest forms shall be tabulated.
D.
If the Executive Director determines the showing of interest is not adequate, the Executive Director shall allow the petitioner a minimum of an additional 30 days to submit additional showing of interest forms after the petitioner is notified of the determination.
E.
Showing of interest forms are confidential and may not be released unless a petition is declared invalid. If a petition is declared invalid, the marked showing of interest forms shall be returned to the petitioner.

Regulation .08 Petitioned-for Bargaining Unit.Copy Citation

A.
Scope of Board Authority over Bargaining Units.
(1)
The Board or its delegee shall decide if the bargaining unit identified in the petition is appropriate.
(2)
The Board may not modify any bargaining unit defined prior to June 30, 2023.
(3)
The Board may not modify any bargaining unit covered by a collective bargaining agreement in effect on June 30, 2023.
B.
If there is no dispute about the appropriateness of the petitioned for bargaining unit, the Board or its delegee shall, either along with other orders about the election or separately, order the petitioned-for unit as appropriate for the election, or certify the petitioner as the unit’s representative pursuant to COMAR 14.30.08.09, and for bargaining.
C.
If the appropriateness of the petitioned-for bargaining unit is disputed, the Board shall:
(1)
Conduct a hearing; and
(2)
Determine the appropriate bargaining unit and issue an order defining the unit accordingly.
D.
If the bargaining unit determined appropriate by the Board differs from the petitioned-for bargaining unit, the Board or its delegee may:
(1)
Dismiss the petition;
(2)
Direct an election in the appropriate bargaining unit if at least 30 percent of the employees counted towards the showing of interest are employed in the appropriate bargaining unit; or
(3)
Certify the petitioner as the representative of the unit without an election pursuant to Regulation .09 of this chapter.

Regulation .09 Certification Without Election.Copy Citation

A.
At the time of the showing of interest, the Board shall certify the employee organization as the exclusive representative without an election if:
(1)
A petition for an exclusive representative has been filed for a bargaining unit;
(2)
The Board finds that a majority of the employees in the bargaining unit have signed valid authorizations designating the employee organization as their exclusive representative; and
(3)
No other employee organization is currently certified or recognized as the exclusive representative of the bargaining unit.
B.
If the Board certifies an employee organization as an exclusive representative under §A of this regulation, the Executive Director shall notify all parties of this certification.

Regulation .10 Posting of Petitions.Copy Citation

A.
As soon as practicable, but not later than 5 business days after a determination that a lawful election shall be conducted, the Executive Director shall post a copy of the petition on the bulletin board outside the Board’s office, and on the Board’s website, showing the date of posting.
B.
A posted election petition shall remain posted until the requested election is completed or until, for any reason, the petition is dismissed.

Regulation .11 Method of Voting.Copy Citation

A.
The available methods of voting are in-person, by mail or by electronic means.
B.
No matter which method is used, voting shall be by secret ballot.
C.
The voting method preferred by the petitioner, if any, shall be used, unless another employee organization that will be on the ballot requests a different method.
D.
If there is a dispute between two or more employee organizations on the voting method, the Board shall designate the method of voting.

Regulation .12 Time Period for Voting.Copy Citation

A.
Eligible voters shall be given at least 10 days to vote with the final day for voting within 90 days of the date the Board received the election petition.
B.
For on-site voting, each of the 10 days for voting shall be a working day for employees.

Regulation .13 Preparation for Election.Copy Citation

A.
The Executive Director, or designee, shall consult with the public employer and the petitioners about the 10-day time period for election voting. The Executive Director or designee may require the parties to attend a preelection conference in person or virtually.
B.
Whether by consultation or preelection conference, or both, the Executive Director or designee shall gather information on relevant election factors to determine the:
(1)
Tentative dates of election;
(2)
Times of election on each date;
(3)
Place of election;
(4)
Identity of eligible voters; and
(5)
Method of voting.

Regulation .14 Notice of Election.Copy Citation

A.
Within 30 days of the filing of a valid petition of election, the Executive Director shall send a notice of election indicating that a valid petition has been filed and that an election will be conducted to:
(1)
The petitioner;
(2)
All interested employee organizations that qualified for the ballot; and
(3)
The employer.
B.
The notice of election shall provide a sample ballot and identify:
(1)
The employer;
(2)
The bargaining unit;
(3)
Choices presented to the voter.
C.
The notice of an on-site election shall include:
(1)
The 10 days for voting;
(2)
The location of polling places; and
(3)
The hours the polls will be open.
D.
The notice of a mail ballot election shall include:
(1)
The date the ballots will be mailed or distributed to the voters, provided that the ballots will be mailed approximately 2 business days before the time period for voting;
(2)
The 14-day time period in which mail ballots may be postmarked for return to the Executive Director, provided that the final day of the period is not later than 90 days after the election petition is filed; and
(3)
The date and time the ballots will be counted;
(4)
The place and time of ballot counting; and
(5)
Further information that the Executive Director considers appropriate.
E.
The notice of an electronic voting election shall include:
(1)
The 10 days for voting; and
(2)
The name of the vendor who will communicate with the voter about how to vote.
F.
Posting Notice of Election.
(1)
A copy of the notice of election and the sample ballot shall be posted at the Board’s office at least 21 days before the election.
(2)
A copy of the notice of election and the sample ballot shall be posted by the employer at all work locations where notices are customarily posted for the benefit of employees in the bargaining unit. The employer shall post the notice of election and sample ballot for at least 21 days before the election or distribution of mail ballots, or for at least 14 days if the time before the election or ballot distribution is shorter, and post them through the end of the election.
(3)
Posting requirements may be modified by mutual written agreement of all parties filed with and approved by the Executive Director.
(4)
Notwithstanding §F(2) of this regulation, the Executive Director may tailor posting requirements to provide adequate notice to employees.
(5)
The employer shall take reasonable precautions to ensure that notices of election and sample ballots are not altered, covered, defaced, or removed before the completion of the election. If a notice is so affected, the employer shall replace the notice of election and sample ballots with a new notice.

Regulation .15 Withdrawal from Election.Copy Citation

A.
Prior to Notice of Election: When a withdrawal request is received prior to the sending of the notice of election, the Board or its delegee shall grant the request without prejudice to the subsequent filing of a new petition by the petitioner.
B.
After sending of the Notice of Election. When a withdrawal request is received after the notice of election was sent, the Board shall grant the request, but may bar that party from refiling a petition for a period of 6 months from the grant of withdrawal.

Regulation .16 Ballots.Copy Citation

A.
The Executive Director shall prepare and distribute official ballots.
B.
Ballots shall contain the name of each candidate for representative along with a final choice of “no exclusive representative”.
C.
The order of candidates on the ballots shall be determined by drawing lots under the administration of the Executive Director.
D.
Eligible candidates in a runoff election shall be listed as they appeared on the initial ballot.
E.
The format of the ballot shall to the extent possible be the same for mail and electronic voting elections as for on-site elections.

Regulation .17 Voter List.Copy Citation

A.
No later than 10 days prior to the start of voting, the employer shall provide an up-to-date and accurate voter list to the Executive Director.
B.
The voter list shall contain the following information for each employee in the unit eligible to vote:
(1)
Full name;
(2)
Job title;
(3)
Worksite address; and
(4)
Email address, if any.
C.
The Executive Director shall promptly provide the voter list to the petitioner and all other employee organizations included in the election.

Regulation .18 Conduct of Elections.Copy Citation

A.
The anonymity of ballots shall be maintained to the greatest extent possible.
B.
On-Site Elections.
(1)
Voting shall be scheduled during workdays whenever possible and polling places and voting times shall permit reasonable access by voters. Public employers shall grant reasonable release time to employees so that the employees can vote during their workday or shift.
(2)
The Executive Director shall oversee the election. At the discretion of the Executive Director, the election may be overseen by an election judge who shall be a board member or other designated individual who is selected based upon qualifications and integrity.
(3)
The Executive Director or election judge shall be solely responsible for:
(a)
The conduct of the election;
(b)
The regulation of the polling site and immediate environs, including the designation of the boundaries of the polling areas;
(c)
The maintenance of voting materials, including ballots;
(d)
The counting of ballots and recording of the results; and
(e)
The certification of the accuracy of the ballot count.
(4)
There shall be no electioneering of any kind within the marked and designated polling areas. In addition, no voter shall be subjected to intimidation, duress, or coercion during an election. The Board may set aside an election outcome favorable to a party who substantially and materially violates this provision, and order remedies for the violation, which might include a new election.
(5)
If there is more than one polling place, the Executive Director or election judge shall sequester ballots from each location until counted. Sequestered ballots shall be sealed in an envelope or other appropriate container and delivered to the counting location.
(6)
Election Observers. Each employee organization participating in an on-site election may be represented by one observer who has no supervisory power over employees who are voting per bargaining unit, at each polling place, to observe:
(a)
The voting activities; and
(b)
The counting of the ballots and the certification of the accuracy of the ballot count.
(7)
The public employer may designate one observer who is not a supervisor of any of the employees who are eligible to vote in the election, per bargaining unit, at each polling place, to observe:
(a)
The voting activities; and
(b)
The counting of the ballots and the certification of the accuracy of the ballot count.
(8)
The participating unions and the public employer shall provide the Executive Director, at least 3 days before the start of the election, with the names of their designated observers and no more than two alternate observers for each one, unless otherwise agreed to by the parties and the Executive Director, who may observe in place of, but not in addition to, a designated observer.
(9)
The final certification of the accuracy of the ballot count shall be by the Executive Director.
C.
Mail Ballot Elections.
(1)
On the scheduled date for mailing ballots, the Executive Director shall mail to each eligible voter:
(a)
An official ballot;
(b)
A “Secret Ballot Envelope”;
(c)
A “Mail Ballot Envelope”; and
(d)
Voting instructions.
(2)
The voting instructions shall instruct the voter to return the ballot to the Board in the two envelopes as follows:
(a)
The voted ballot shall be placed in the smaller envelope marked “Secret Ballot Envelope”, which contains the name of the bargaining unit and any additional instructions required by the Executive Director;
(b)
The smaller envelope shall then be placed in the larger “Mail Ballot Envelope”; and
(c)
The “Mail Ballot Envelope” is then to be mailed or delivered to the Executive Director.
(3)
The “Mail Ballot Envelope” shall be:
(a)
Preaddressed; and
(b)
Postage prepaid.
(4)
The “Mail Ballot Envelope” shall contain a space to identify:
(a)
The voter by name;
(b)
The employer;
(c)
The bargaining unit;
(d)
The voter’s signature; and
(e)
Other information that the Executive Director may require.
(5)
A ballot shall be voided if the voter fails to provide or destroys any required identity information on the “Mail Ballot Envelope”.
(6)
Each “Mail Ballot Envelope” shall be authenticated against the list of eligible voters when the ballots are counted.
(7)
“Secret Ballot Envelopes” shall be removed from authenticated “Mail Ballot Envelopes” and deposited in a suitable container with other “Secret Ballot Envelopes” to preserve anonymity.
(8)
Each party to a mail ballot election may be represented by one representative to observe the counting of the ballots and the certification of the accuracy of the ballot count. The Executive Director shall arrange for the opportunity for this observation.
(9)
After all the authenticated “Secret Ballot Envelopes” are collected, the ballots shall be removed and counted at random and recorded in the presence of election observers, if any.
(10)
All challenges to mail ballots due to the identity or eligibility of the voter shall be raised before the removal of the “Secret Ballot Envelope” from the “Mail Ballot Envelope”.
D.
Electronic Voting.
(1)
The Board shall designate the vendor who will administer the electronic voting. The parties shall split the costs of the vendor.
(2)
Any challenges to a voter’s eligibility to vote shall be resolved before the employee votes.
(3)
After eligibility is resolved, the Board shall ensure that a list of voters is produced, and the Board shall provide that list to the vendor and all parties.
(4)
Log-in credentials for voting shall be randomly assigned to each voter so that nobody other than the voter can access each log-in credential.
(5)
One observer from each party may observe how credentials are prepared and watch the tabulation.
(6)
The electronic voting system cannot link a voter to their vote, once cast, and nobody is permitted to attempt to use the system to make such a link.
(7)
The vendor shall retain the voting system and digital records until the election is complete.

Regulation .19 Challenged Ballots.Copy Citation

A.
A voter may be challenged for cause by a designated observer described in Regulation .18 of this chapter.
B.
If a voter is challenged for cause, the challenged voter may vote and shall then place the ballot in an envelope marked only “Secret Ballot”.
C.
The “Secret Ballot Envelope” shall next be sealed in a separate envelope marked “Challenged Ballot Envelope”, which identifies on the outside:
(1)
The identity of the challenged voter;
(2)
The name of the person making the challenge; and
(3)
The reason for the challenge.
D.
The challenged voter shall then report to the Board representative at the election, who shall allow the challenged voter to place the “Challenged Ballot Envelope” into the container with the regularly cast ballots.
E.
If a mail ballot election, the Board representative shall write on the outer envelope the cause of the challenge and set the challenged ballot aside.

Regulation .20 Void Ballots.Copy Citation

A.
The Executive Director or the election judge shall determine a ballot void if:
(1)
The ballot does not reveal the intent of the voter due to:
(a)
Mutilation;
(b)
Soiling; or
(c)
Any other reason;
(2)
In the case of a mail ballot, for the reasons in §A(1) of this regulation or if it is returned without all required voter identification.
B.
A void ballot may not be considered in the tally.
C.
The Executive Director or the Executive Director’s designee shall liberally view ballots in favor of validity by focusing on the objective of determining the intent of the voter.

Regulation .21 Tally of Ballots.Copy Citation

A.
Ballots shall be counted at a place and time prescribed by the Executive Director, or the Executive Director’s designee, and shall be open to public viewing.
B.
The Executive Director, or the Executive Director’s designee, shall undertake the counting of the ballots. One observer from the public employer and one observer from each party to the election may observe this ballot counting. All observers shall observe the counting in the same way, either all in-person or all virtually.

Regulation .22 Election Result.Copy Citation

A.
The Executive Director shall, after the tally of ballots is completed, report to the parties within 5 days:
(1)
The choice earning a majority of votes cast, if any choice on the ballot received such a majority; or
(2)
If none of the choices on the ballot receive a majority of the valid votes cast in an election, that the Board will conduct a runoff election between the choices that received the two highest number of votes in the election.
B.
When providing either one of these reports, the Executive Director shall also provide to the parties the official tally of ballots. The Executive Director shall maintain proof that the official tally was shared with the parties, and produce the tally upon request by any party.

Regulation .23 Post-Election Procedures.Copy Citation

A.
Challenged Ballots. When there are sufficient unresolved challenges to affect the election results, within 10 days after the Executive Director sends the election result, the party or parties making the challenges shall file with the Board a statement of reasons for each challenge and any supporting evidence.
B.
Objections. Any objection to the election shall:
(1)
Be filed with the Board, and served on all other parties, within 10 days of the Executive Director sending the election result, even when challenged ballots are sufficient in number to determine the outcome of the election; and
(2)
Include a specific statement of the reasons for each objection, including describing how the election outcome was allegedly prejudiced, and also provide any supporting evidence.
C.
If the challenged ballots are sufficient in number to affect the results of the election or if objections are filed, the Executive Director, or another person designated by the Board, shall conduct an investigation and make a report and recommendation of findings to the Board on the merits of the objections filed or the validity of any determinative challenges.
D.
Hearings. If the Board has reason to believe that the allegations or challenges may be valid, the Board shall order a hearing, if necessary, and make a determination on the findings made in the Executive Director’s or the Board designee’s report. The procedures of COMAR 14.30.08 shall apply to any hearing ordered.
E.
Final Board Action. After consideration of the findings made by the Executive Director or designee, and any hearing held, the Board shall certify the results of the election, as appropriate, issuing a certification of representative, overturning the results of the election, ordering a new election, or dismissing the petition or petitions.

Regulation .24 Runoff Election.Copy Citation

A.
If none of the choices on the ballot receive a majority of the valid votes cast in an election, the Executive Director shall conduct a runoff election between the two choices that received the two largest numbers of votes in the initial election.
B.
A runoff election shall be held at least 10 days, and not later than 30 days, after the Board resolves all relevant and properly filed objections or challenges to ballots.
C.
Only employees who were eligible to vote in the initial election and who remain in the bargaining unit on the dates of the runoff election are eligible to vote in the runoff election.
D.
The order of appearance of the choices on a runoff ballot shall be the same as on the initial ballot.
E.
The provisions of COMAR 14.30.10.18—.23 apply to the runoff election.

Chapter 11. Hearings

Regulation .01 Filing Petitions.Copy Citation

A petition for an election to determine whether an exclusive representative should no longer represent a unit, known as a “decertification petition” and a “decertification election” may be filed only by an employee in that unit who is currently so represented. An employer may not initiate or assist an employee or group of employees in the filing of a decertification petition.

Regulation .02 When to File the Petition.Copy Citation

A.
A decertification petition may not be filed for a bargaining unit within 2 years following the final date of a previous election conducted for that bargaining unit.
B.
If an agreement between the public employer and incumbent employee organization is in effect, a valid decertification petition may be filed and an election held only if the petition is filed not more than 120 days nor less than 90 days prior to expiration of the agreement.

Regulation .03 Showing of Interest.Copy Citation

For a decertification petition and election, a showing of interest form is valid if the signatures were collected within the 9-month period immediately preceding the date on which the petition for election is filed.

Regulation .04 Decertification Petition Proceeding — Participants.Copy Citation

A.
If there is no intervening employee organization in a decertification petition proceeding, an election to decertify an incumbent certified employee organization may not be held if the incumbent provides the Board with a written disclaimer of any representation interest in the unit in response to the Notice of Election.
B.
If there is an intervenor, an election shall be held if the intervening employee organization proffers a 30 percent showing of interest in a reasonable period of time prior to the date originally scheduled for the election.
C.
If there is no intervening employee organization, an election will not be conducted if the petitioner provides the Board with a written request to withdraw the petition.
D.
If there is an intervenor, an election will be conducted if the intervening employee organization proffers a 30 percent showing of interest in a reasonable period of time prior to the date originally scheduled for the election.

Regulation .05 Method of Voting; Certain Applicable Regulations.Copy Citation

A.
The Board shall designate the method of voting based on the request of one or more employee organizations on the ballot.
B.
If there is a dispute between two or more employee organizations on the ballot over the method of voting, the Board shall designate the method of voting.
C.
Except for the provisions in this chapter, the Board shall abide, the Board shall abide by COMAR 14.30.10 in processing decertification petitions and elections.

Chapter 12. Petitions for Unit Clarification

Regulation .01 Petition.Copy Citation

A.
A unit clarification petition alleges that an employee organization is currently recognized by the public employer as the representative of employees in the unit, but the petitioner seeks clarification of the placement of certain employees or job classifications in that unit.
B.
A unit clarification petition may be filed by the public employer or recognized employee organization.
C.
Content.
(1)
A unit clarification petition seeks the Board to determine whether particular employees shall be included in or excluded from an existing unit.
(2)
A unit clarification petition shall contain a description of the proposed clarification and a statement of the reasons.
(3)
A certified employee organization shall also submit a copy of the certification for the unit if available.
(4)
All parties shall submit copies of any presently existing or recently expired contracts covering any of the employees at issue.
D.
Examples of common reasons for unit clarification petitions include:
(1)
Changes in the employer’s operations and the parties are unable to agree whether or not the affected employees shall be included in or excluded from the recognized unit;
(2)
To resolve eligibility or inclusion issues that were deferred in the preelection process and thus not agreed to by the parties or determined by the Board, Executive Director, or other designee; and
(3)
To determine the status of individuals who voted subject to challenge in an election but whose ballots were not determinative.

Regulation .02 Board Actions Regarding Bargaining Units.Copy Citation

The Board may not clarify:
A.
Any bargaining unit defined prior to June 30, 2023; or
B.
Any bargaining unit covered by a collective bargaining agreement in effect on June 30, 2023.

Regulation .03 Investigation.Copy Citation

A.
Review of Petition.
(1)
On receipt of the unit clarification petition, the Executive Director or designee shall advise the parties that the determination may be based on the investigation, without the need for a hearing.
(2)
The Executive Director or designee shall review the petition and any supporting materials and related cases. The Executive Director or designee shall ensure that there are no fatal defects on the face of the petition and that the requested changes and the reasons are sufficiently described.
B.
If it appears that a question concerning representation exists, or if for any other reason it appears that the case would ultimately be dismissed, the Executive Director or designee shall advise the petitioner and a withdrawal request shall be solicited. If a withdrawal is not received, the Board shall issue a decision and order dismissing the petition.

Regulation .04 Hearing.Copy Citation

A.
While investigating, the Executive Director or designee shall decide whether a hearing is necessary to decide issues presented by the unit clarification petition. The Executive Director or designee may make a determination based on the investigation, without a hearing. If a hearing is found necessary, the Executive Director or designee shall make a recommendation to the Board.
B.
If the Board chooses a hearing for the unit clarification petition, the Board shall also assign a presiding officer for the hearing. The presiding officer and parties shall abide by the applicable hearing and post-hearing procedures set forth in this chapter for a unit clarification petition hearing.

Regulation .05 Determination.Copy Citation

A.
If no hearing is conducted, the Executive Director or other designee shall prepare a written recommendation to the Board of the appropriate course of action to resolve the issues presented by the petition.
B.
If a hearing is conducted, the presiding officer shall prepare a written recommendation to the Board of the appropriate course of action to resolve the issues presented by the petition.
C.
Based on the recommendation the Board receives, the Board shall prepare a decision and order that clarifies the bargaining unit or dismisses the petition.

Chapter 13. Collective Bargaining

Regulation .01 Negotiations.Copy Citation

A.
The designated representatives of the employer and of the exclusive representative shall:
(1)
Identify the participants for negotiations;
(2)
Establish the amount of release time for negotiating;
(3)
Set a tentative schedule and agenda for negotiations;
(4)
Establish any other matter deemed pertinent and necessary before beginning any other negotiation activities;
(5)
Meet at reasonable times and locations agreeable to all parties; and
(6)
Negotiate a written agreement by collective bargaining in good faith.
B.
Negotiations shall address:
(1)
Wages;
(2)
Hours of work;
(3)
Other terms and conditions of employment; and
(4)
Any matter required by applicable law.
C.
A party to collective bargaining negotiations may not be compelled to:
(1)
Agree to a proposal; or
(2)
Make a concession.
D.
An employer may not be required to negotiate over any matter that is inconsistent with applicable law, but an employer may reach agreement regarding any such matter if it is understood that the agreement with respect to the matter cannot become effective unless the applicable law is amended by the General Assembly.

Chapter 14. Impasse Procedures for Collective Bargaining

Regulation .01 State Government Employees.Copy Citation

A.
Offer of or Request for Mediation. The Board may, on its own initiative, offer mediation to the parties. Either party may also request that the Board appoint a mediator. Acceptance of an offer of mediation or agreement to participate in mediation is voluntary. If either party declines mediation after it has been requested by a party or offered by the Board, that party shall decline the mediation services in writing with a brief statement of the reason for declining to participate in mediation.
B.
An original and one copy of the request for mediation shall be filed with the Board and served on the other party.
C.
Mediation for State government employees is a consensual process by which the parties are assisted by a mediator in voluntarily arriving at an agreement and under which neither party is nor can be compelled to make a concession or enter into an agreement.
D.
Appointment of Mediator. Upon receipt of a request for mediation, the Board may, with the consent of both parties and after consultation with the parties, appoint an impartial and disinterested individual as mediator, including a Member of the Board, or may request mediation by Federal Mediation and Conciliation Service.
E.
Confidential Nature of Mediation.
(1)
Any information, either written or oral, disclosed by the parties to the mediator in the performance of mediation duties may not be discussed by the mediator voluntarily or by compulsion unless approved by the parties involved.
(2)
The mediator may not disclose any information with regard to any mediation conducted on behalf of any party to any cause pending in a proceeding before a court, Board, or investigatory body. The mediator shall respectfully decline, by reason of this regulation, to divulge any information disclosed by a party in the performance of the mediator’s duties.
(3)
The request for mediation and the parties’ responses are confidential and may not be disclosed by any party.

Regulation .02 Public School Certificated and Non-Certificated Employees: Impasses in Negotiations over Collective Bargaining Agreements.Copy Citation

A.
Requests for Determination that an Impasse in Negotiations Has Been Reached.
(1)
A party requesting a determination that an impasse in negotiations has been reached may request relief from the Board by completing and filing the appropriate form.
(2)
In response to a filing of the appropriate form, the Board shall, after internal deliberations and investigation, issue either:
(a)
The notice of determination that an impasse in negotiations has been reached; or
(b)
The notice of determination that an impasse in negotiations has not been reached.
B.
Determination of Impasse in Negotiations.
(1)
If the Board determines that an impasse is reached in negotiations between a public-school employer and an employee organization that is designated as an exclusive negotiating agent, the Board shall within 10 calendar days:
(a)
Request last and best offers from the public-school employer and the employee organization, which may not include items or topics not previously raised in the bargaining process. The last and best offers shall list separately every term or condition of employment in dispute and the demand of the party making the last and best offer; and
(b)
Order the public-school employer and the employee organization to commence mediation within 14 days after the Board’s determination that an impasse has been reached.
(2)
Within 5 calendar days after an order to mediate, the parties shall select a mediator by:
(a)
Agreement; or
(b)
Alternate striking from a list of seven neutral parties furnished by the Federal Mediation and Conciliation Service or the American Arbitration Association.
C.
Further proceedings for resolving the impasse shall be conducted as set forth in Education Article, §6-406(e)(4)—(14), Annotated Code of Maryland.

Regulation .03 Public School Certificated and Non-Certificated Employees: Impasses in Negotiations over New Employee Processing.Copy Citation

A.
If any negotiations over new employee processing have not been resolved within 45 days after the first meeting of the public school employer and the exclusive representative on this matter, or within 60 days after an initial request to negotiate, whichever occurs first, either party may request that the Board declare an impasse.
B.
The regulations governing impasses in negotiations over collective bargaining agreements shall also apply to impasses in negotiations over new employee processing.
C.
In resolving impasses in negotiations over new employee processing, the mediator or Board shall consider the factors identified in Education Article, §6-405(a)(2)(iii), Annotated Code of Maryland.

Regulation .04 State Higher Education Employees.Copy Citation

A.
Notice of Impasse — Contents. If it appears that an impasse has been reached during collective bargaining negotiations and the parties do not have a ground rule or other agreement providing for the resolution of the impasse, the Executive Director may be notified in writing by one or both of the parties. The notice of impasse shall include the following:
(1)
The names of the chief negotiators for each party;
(2)
The expiration date of the existing collective bargaining agreement, if any;
(3)
A description of the unit affected by the impasse, including the approximate number of employees in the unit;
(4)
The date when negotiations commenced and the date of the last meeting; and
(5)
The matters at impasse and any other relevant facts, including a list of specific labor organization or employer demands or both, upon which impasse has been reached.
B.
Voluntary Impasse Assistance.
(1)
Upon receipt of a notice of impasse, the Executive Director or designee shall initiate an informal inquiry.
(2)
Unless jointly filed, the Executive Director or designee shall verify with the other party that the parties are at impasse.
(3)
Upon confirmation or receipt of a joint notice of impasse, the parties may voluntarily agree to mediate the impasse and select a mediator. If the parties are unable to mutually agree on the selection of a mediator, the Chair or Executive Director shall advise the parties of third-party mediation options, which may include a member of the Board, or may request mediation by a third-party mediation service.
(4)
The parties shall bear any cost associated with the use of third-party mediation services.
C.
Mediator’s Report. If, upon exhaustion of mediation efforts, the dispute remains unresolved, upon agreement of both parties, the mediator may file a fact finding and objective status report with the Board outlining the matters that were resolved and those that remain outstanding.

Regulation .05 Community College Faculty: Impasses in Negotiations for Collective Bargaining Agreements.Copy Citation

A.
Mediation.
(1)
If a party determines that an impasse exists, that party may request the assistance of the Board in mediation or engage another mediator mutually agreed to by the parties.
(2)
If a party requests mediation assistance from the Board, an original and one copy of the request for mediation shall be filed with the Board and served on the other party.
(3)
Mediation for community college faculty is a consensual process by which the parties are assisted by a mediator in voluntarily arriving at an agreement and under which neither party is nor can be compelled to make a concession or enter into an agreement.
(4)
Appointment of Mediator. Upon receipt of a request for mediation, the Board may, with the consent of both parties and after consultation with the parties, appoint an impartial and disinterested individual as mediator, which may be a member of the board, or may request mediation by the Federal Mediation and Conciliation Service.
(5)
Confidential Nature of Mediation.
(a)
Any information, either written or oral, disclosed by the parties to the mediator in the performance of mediation duties may not be discussed by the mediator voluntarily or by compulsion unless approved by the parties involved.
(b)
The mediator may not disclose any information with regard to any mediation conducted on behalf of any party to any cause pending in a proceeding before a court, Board, or investigatory body. The mediator shall respectfully decline, by reason of this regulation, to divulge any information disclosed by a party in the performance of the mediator’s duties.
(c)
The request for mediation and the parties’ responses are confidential and may not be disclosed by any party.
B.
Fact-Finding Instead of Mediation.
(1)
If the parties do not mutually agree to mediation, then either party may petition the Board to initiate fact-finding. A petitioning party shall inform the Board of any notification deadlines to which it is subject.
(2)
The Board shall, based on the status of bargaining and the budget schedule of the public employer, determine whether an impasse exists, and if the Board finds an impasse it shall notify the parties that fact-finding is to be initiated.
(3)
A public employer and the exclusive representative may select their own fact finder.
(4)
If the parties have not selected their own fact finder within 5 days of any required notification, or within 20 days of petitioning the Board for fact-finding, whichever is sooner, the Board shall submit to the parties the names of five qualified individuals.
C.
Each party alternately shall strike two names from the list with the remaining individual being the fact finder.
D.
Fact-finding shall be conducted as set forth in Education Article, §16-707(b)—(e), Annotated Code of Maryland.

Chapter 15. Negotiability Disputes

Regulation .01 Petition.Copy Citation

A.
If a negotiability dispute arises between the employer and the exclusive representative, either party may petition the Board for expedited resolution of the dispute.
B.
The petition shall set forth the material facts of the dispute and the precise question of negotiability submitted for resolution and include certificate of service upon the other party.

Regulation .02 Expedited Resolution.Copy Citation

A.
The petition filed pursuant to Regulation .01 of this chapter shall be given priority by the Board.
B.
As deemed appropriate by the Board, the petition may be set for informal resolution, hearing, or oral argument, or decided upon submission of briefs.