A representation petition may be filed by: An employee organization seeking certification as an exclusive representative; or An employee, a group of employees, or an employee organization seeking a new election to determine an exclusive representative. 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. 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. Employees eligible to vote are those employees who: Are employed on the date of the last payroll period before the petition for the election is filed; and Are still employed at the end of the election period. 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. Every petition shall be in writing and shall contain: The name, address, telephone number, and email address of the petitioner’s representative; The purpose for the petition; The bargaining unit involved in the petition; A copy of the most current or recent collective bargaining agreement, if any; 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 Any other facts relevant to the petition. In addition to the items required by §B of this regulation, an election petition shall contain or be accompanied by: The name of the employee organization as it will appear on the ballot; 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; A copy of the employee organization’s governing documents that: Give individual members the right to participate in the activities of the organization; 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 Direct full and accurate accounting of all income and expenses using standard accounting methods; and A certification that the organization accepts members without regard to any characteristic listed in State Government Article, §22-201(d), Annotated Code of Maryland. When filing the petition, the petitioner shall also request a preferred method of voting, that is, on-site, by mail, or by electronic means. 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. 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. Content of Form. 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. A signed union authorization card or union membership card including the name of the petitioner is a valid showing of interest form. Forms other than union authorization cards or union membership cards shall contain: A handwritten or electronic signature of the employee; The date the form was signed; and A statement that the employee who signed the form desires to be represented by the petitioner for the purposes of collective bargaining. 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. Review by Executive Director. Each name on the showing of interest forms shall be compared with the names on the employer list. 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. Each invalid showing of interest form shall be marked as: “NOL” if the name is not on the employer list; “Excluded” or with an abbreviation thereof if named by the employer as an excluded employee; or “Invalid” or with an abbreviation thereof if determined invalid by the Executive Director. Forms marked “excluded” or with an abbreviation shall indicate the employer’s stated reason for exclusion as follows: Managerial employee; Confidential employee; When excluded from the definition of public employee, a supervisory employee; or Other stated reason for exclusion. Forms marked “invalid” shall show the reason for invalidity as follows: Illegible; A duplicate showing of interest form for the same petitioner; Fraudulent; or Other stated reason for invalidity. 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. The number of accepted showing of interest forms shall be tabulated. 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. 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. Scope of Board Authority over Bargaining Units. The Board or its delegee shall decide if the bargaining unit identified in the petition is appropriate. The Board may not modify any bargaining unit defined prior to June 30, 2023. The Board may not modify any bargaining unit covered by a collective bargaining agreement in effect on June 30, 2023. 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. If the appropriateness of the petitioned-for bargaining unit is disputed, the Board shall: Conduct a hearing; and Determine the appropriate bargaining unit and issue an order defining the unit accordingly. If the bargaining unit determined appropriate by the Board differs from the petitioned-for bargaining unit, the Board or its delegee may: Dismiss the petition; 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 Certify the petitioner as the representative of the unit without an election pursuant to Regulation .09 of this chapter. At the time of the showing of interest, the Board shall certify the employee organization as the exclusive representative without an election if: A petition for an exclusive representative has been filed for a bargaining unit; 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 No other employee organization is currently certified or recognized as the exclusive representative of the bargaining unit. 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. 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. A posted election petition shall remain posted until the requested election is completed or until, for any reason, the petition is dismissed. The available methods of voting are in-person, by mail or by electronic means. No matter which method is used, voting shall be by secret ballot. 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. If there is a dispute between two or more employee organizations on the voting method, the Board shall designate the method of voting. 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. For on-site voting, each of the 10 days for voting shall be a working day for employees. 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. Whether by consultation or preelection conference, or both, the Executive Director or designee shall gather information on relevant election factors to determine the: Tentative dates of election; Times of election on each date; Place of election; Identity of eligible voters; and Method of voting. 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: The petitioner; All interested employee organizations that qualified for the ballot; and The employer. The notice of election shall provide a sample ballot and identify: The employer; The bargaining unit; Choices presented to the voter. The notice of an on-site election shall include: The 10 days for voting; The location of polling places; and The hours the polls will be open. The notice of a mail ballot election shall include: 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; 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 The date and time the ballots will be counted; The place and time of ballot counting; and Further information that the Executive Director considers appropriate. The notice of an electronic voting election shall include: The 10 days for voting; and The name of the vendor who will communicate with the voter about how to vote. Posting Notice of Election. 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. 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. Posting requirements may be modified by mutual written agreement of all parties filed with and approved by the Executive Director. Notwithstanding §F(2) of this regulation, the Executive Director may tailor posting requirements to provide adequate notice to employees. 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. 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. 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. The Executive Director shall prepare and distribute official ballots. Ballots shall contain the name of each candidate for representative along with a final choice of “no exclusive representative”. The order of candidates on the ballots shall be determined by drawing lots under the administration of the Executive Director. Eligible candidates in a runoff election shall be listed as they appeared on the initial ballot. The format of the ballot shall to the extent possible be the same for mail and electronic voting elections as for on-site elections. 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. The voter list shall contain the following information for each employee in the unit eligible to vote: Full name; Job title; Worksite address; and Email address, if any. The Executive Director shall promptly provide the voter list to the petitioner and all other employee organizations included in the election. The anonymity of ballots shall be maintained to the greatest extent possible. On-Site Elections. 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. 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. The Executive Director or election judge shall be solely responsible for: The conduct of the election; The regulation of the polling site and immediate environs, including the designation of the boundaries of the polling areas; The maintenance of voting materials, including ballots; The counting of ballots and recording of the results; and The certification of the accuracy of the ballot count. 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. 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. 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: The voting activities; and The counting of the ballots and the certification of the accuracy of the ballot count. 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: The voting activities; and The counting of the ballots and the certification of the accuracy of the ballot count. 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. The final certification of the accuracy of the ballot count shall be by the Executive Director. Mail Ballot Elections. On the scheduled date for mailing ballots, the Executive Director shall mail to each eligible voter: An official ballot; A “Secret Ballot Envelope”; A “Mail Ballot Envelope”; and Voting instructions. The voting instructions shall instruct the voter to return the ballot to the Board in the two envelopes as follows: 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; The smaller envelope shall then be placed in the larger “Mail Ballot Envelope”; and The “Mail Ballot Envelope” is then to be mailed or delivered to the Executive Director. The “Mail Ballot Envelope” shall be: Preaddressed; and Postage prepaid. The “Mail Ballot Envelope” shall contain a space to identify: The voter by name; The employer; The bargaining unit; The voter’s signature; and Other information that the Executive Director may require. A ballot shall be voided if the voter fails to provide or destroys any required identity information on the “Mail Ballot Envelope”. Each “Mail Ballot Envelope” shall be authenticated against the list of eligible voters when the ballots are counted. “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. 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. 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. 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”. Electronic Voting. The Board shall designate the vendor who will administer the electronic voting. The parties shall split the costs of the vendor. Any challenges to a voter’s eligibility to vote shall be resolved before the employee votes. 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. 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. One observer from each party may observe how credentials are prepared and watch the tabulation. 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. The vendor shall retain the voting system and digital records until the election is complete. A voter may be challenged for cause by a designated observer described in Regulation .18 of this chapter. 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”. The “Secret Ballot Envelope” shall next be sealed in a separate envelope marked “Challenged Ballot Envelope”, which identifies on the outside: The identity of the challenged voter; The name of the person making the challenge; and The reason for the challenge. 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. 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. The Executive Director or the election judge shall determine a ballot void if: The ballot does not reveal the intent of the voter due to: Mutilation; Soiling; or Any other reason; 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. A void ballot may not be considered in the tally. 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. 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. 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. The Executive Director shall, after the tally of ballots is completed, report to the parties within 5 days: The choice earning a majority of votes cast, if any choice on the ballot received such a majority; or 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. 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. 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. Objections. Any objection to the election shall: 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 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. 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. 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. 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. 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. 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. 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. The order of appearance of the choices on a runoff ballot shall be the same as on the initial ballot. The provisions of COMAR 14.30.10.18—.23 apply to the runoff election. State Government Article, §22-306(e), Annotated Code of Maryland Effective date: Regulations .01—.03 adopted as an emergency provision effective December 23, 2002 (30:13 Md. R. 851); adopted permanently effective September 29, 2003 (30:19 Md. R. 1334) Regulation .02 amended effective July 11, 2022 (49:14 Md. R. 704) Regulation .04 adopted effective October 22, 2007 (34:21 Md. R. 1917) Regulations .01—.04 under State Higher Education Labor Relations Board, Impasse Procedures repealed and new Regulations .01—.24 under Public Employee Relations Board, Representation Elections adopted effective May 13, 2024 (51:9 Md. R. 414)