Sec. 14.30.04.04. Form of Petition

A. Every petition shall be in writing and shall contain:

(1) The name, address, and telephone number of the petitioner and any representative for correspondence other than the petitioner;

(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) The known names, addresses, and telephone numbers of any employee organization other than the petitioner claiming to represent any of the employees in the bargaining unit;

(6) 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 be best of the declarant's information and belief; and

(7) Any other facts relevant to the petition.

B. In addition to the items required by §A of this regulation, an election petition shall contain:

(1) The name of the prospective bargaining representative as it will appear on the ballot;

(2) Showing-of-interest forms furnished by the Executive Director or drafted by the petitioner signed by at least 30 percent of the eligible employees in the appropriate bargaining unit; and

(3) A copy of the employee organization's governing documents which:

(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;

(c) Direct full and accurate accounting of all income and expenses using standard accounting methods;

(d) Require an annual report that is made available to all members of the appropriate bargaining unit; and

(e) Contain a certification that the organization:

(i) Accepts members without regard to any factor in State Pension and Personnel Article, §2-302(b), Annotated Code of Maryland, to include sexual orientation; and

(ii) Will deny membership to an employee only for a reason that is acceptable to the Board.

C. A petition to intervene in an election shall be filed within 15 days of notice of the election petition and shall comply with the requirements of this chapter for an election petition except that showing-of-interest forms need only be signed by 10 percent of the eligible employees in the appropriate bargaining unit.

D. A petition to contest exclusionary designation as an excluded employee shall include the items specified in §A(1) - (3) of this regulation together with a statement of the specific facts upon which the contest regarding the exclusion is based.

E. A petition for unit clarification shall include the items specified in §A(1)-(3) of this regulation together with:

(1) A description of the present unit and the date of the certification;

(2) The proposed clarification or amendment of the unit; and

(3) A statement by petitioner setting forth the reasons as to why clarification or amendment is requested.

F. A petition for denial or revocation of certification shall include the items specified in §A(1)-(3) of this regulation together with a statement of the basis for alleging that there is reason to believe that the exclusive representative has engaged in a willful failure to comply with the Collective Bargaining Law, the Board's regulations, or the governing documents of the organization. If the Board determines to proceed with a denial or revocation of certification proceeding, either based on a petition or on its own motion, it shall offer the exclusive representative a hearing under COMAR 14.30.11.