Sec. 14.30.04.11. Decertification and Decertification/Election Petitions

A. Purpose.

(1) Decertification Petition.

(a) A bargaining unit employee may file a decertification petition with the Board requesting an election to determine if the incumbent certified exclusive representative of the bargaining unit does, in fact, continue to represent a majority of the employees in the bargaining unit.

(b) An employer may not initiate or assist an employee or group of employees in the filing of a decertification petition as provided under §A(1) of this regulation.

(2) Decertification/Election Petition. An employee organization may file a decertification/election petition requesting an election to become the exclusive bargaining representative of a bargaining unit with an incumbent certified exclusive representative.

B. Procedure.

(1) Petitions under §A of this regulation shall meet the requirements of and be processed in accordance with COMAR 14.30.02, 14.30.04, and 14.30.05.

(2) 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 required under COMAR 14.30.05.02. If there is an intervenor, an election shall be held if the intervening employee organization proffers a 30 percent showing of interest prior to the date originally scheduled for the election.

(3) If there is no intervening employee organization, an election will not be held if the petitioner provides the Board with a written request to withdraw the petition in accordance with COMAR 14.30.05.02D. When there is an intervenor, an election will 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.

(4) If a memorandum of understanding is in effect, a valid petition under §A of this regulation 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 memorandum of understanding.