# COMAR Title 14 — Independent Agencies

## Subtitle 30 — Public Employee Relations Board

### Chapter 12 — Petitions for Unit Clarification

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

**Administrative History:** Effective date: March 22, 2010 (37:6 Md. R. 480)

**Administrative History:** Regulation .01 under State Higher Education Labor Relations Board, Procedures Governing Employee Information repealed and new Regulations .01—.05 under Public Employee Relations Board, Petitions for Unit Clarification adopted effective May 13, 2024 (51:9 Md. R. 414)

#### Regulation .01 Petition.

*COMAR 14.30.12.01*

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.

*COMAR 14.30.12.02*

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.

*COMAR 14.30.12.03*

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.

*COMAR 14.30.12.04*

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.

*COMAR 14.30.12.05*

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.