# COMAR Title 14 — Independent Agencies

## Subtitle 30 — Public Employee Relations Board

### Chapter 11 — Hearings

**Authority:** State Government Article, §22-306(e), Annotated Code of Maryland

**Administrative History:** Effective date: April 1, 2002 (29:6 Md. R. 568)

**Administrative History:** Regulation .03B amended effective December 22, 2003 (30:25 Md. R. 1851)

**Administrative 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)

**Administrative History:** Regulation .08 repealed and new Regulation .08 adopted effective October 22, 2007 (34:21 Md. R. 1917)

**Administrative History:** Regulation .22 amended effective October 22, 2007 (34:21 Md. R. 1917)

**Administrative 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)

**Administrative History:** Regulation .23A amended effective December 22, 2003 (30:25 Md. R. 1851)

**Administrative History:** Regulation .23B-1 adopted effective September 29, 2003 (30:19 Md. R. 1335)

**Administrative History:** Chapter revised effective July 11, 2022 (49:14 Md. R. 704)

**Administrative History:** Regulations .01—.27 under State Higher Education Labor Relations Board, Hearings repealed and new Regulations .01—.05 under Public Employee Relations Board, Decertification Elections adopted effective May 13, 2024 (51:9 Md.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)

#### Regulation .01 Filing Petitions.

*COMAR 14.30.11.01*

A petition for an election to determine whether an exclusive representative should no longer represent a unit, known as a “decertification petition” and a “decertification election” may be filed only by an employee in that unit who is currently so represented.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.

*COMAR 14.30.11.02*

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.

*COMAR 14.30.11.03*

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.

*COMAR 14.30.11.04*

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.

*COMAR 14.30.11.05*

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.