Chapter 11. Hearings
Regulation .01 Filing Petitions.LinkCopy 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A petition for an election to determine whether an exclusive representative should no longer represent a unit, known as a “decertification petition” and a “decertification election” may be filed only by an employee in that unit who is currently so represented.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.LinkCopy 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.LinkCopy 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.LinkCopy 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.LinkCopy 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 annotations
Authority: State Government Article, §22-306(e), Annotated Code of Maryland
History: Effective date: April 1, 2002 (29:6 Md. R. 568)
History: Regulation .03B amended effective December 22, 2003 (30:25 Md. R. 1851)
History: Regulation .08 amended as an emergency provision effective December 23, 2002 (30:13 Md. R. 851); amended permanently effective September 29, 2003 (30:19 Md. R. 1334)
History: Regulation .08 repealed and new Regulation .08 adopted effective October 22, 2007 (34:21 Md. R. 1917)
History: Regulation .22 amended effective October 22, 2007 (34:21 Md. R. 1917)
History: Regulation .23A amended as an emergency provision effective December 23, 2002 (30:13 Md. R. 851); amended permanently effective September 29, 2003 (30:19 Md. R. 1334)
History: Regulation .23A amended effective December 22, 2003 (30:25 Md. R. 1851)
History: Regulation .23B-1 adopted effective September 29, 2003 (30:19 Md. R. 1335)
History: Chapter revised effective July 11, 2022 (49:14 Md. R. 704)
History: Regulations .01—.27 under State Higher Education Labor Relations Board, Hearings repealed and new Regulations .01—.05 under Public Employee Relations Board, Decertification Elections adopted effective May 13, 2024 (51:9 Md. R. 414)