Sec. 14.32.03.03. Exclusive Representative Determination (Election Petitions)

A. Form of Petition.

(1) A petition for exclusive representative determination (election petition) shall be on a form provided by the Board and shall be filed by delivery to the Board. These petitions shall be of three types:

(a) A certification petition, filed by an employee organization seeking certification as the exclusive representative in an appropriate unit through the holding of an election;

(b) A decertification petition, filed by a bargaining unit employee or employee organization requesting an election to determine whether an exclusive representative does, in fact, represent a majority of the employees in the bargaining unit;

(c) A decertification/certification petition filed by an employee organization seeking to determine whether an exclusive representative does, in fact, represent a majority of the employees in the bargaining unit, and requesting that in the same election the petitioning employee organization be certified as the exclusive representative.

(2) Under §A(1)(a) of this regulation, the name of the employee organization which appears on the petition, or the petition as amended, shall be the name which appears on the election ballot.

B. Showing of Interest, Certification, Decertification, Intervention.

(1) When a petition for certification or decertification is filed, or when intervention is requested for the purpose of being placed on an election ballot, the petitioner or intervenor shall submit evidence that the petition or application for intervention is supported by employees in the unit in the following percentages:

(a) 30 percent for certification, decertification, or a combined decertification/certification;

(b) 10 percent for intervention in election proceedings already filed; and

(c) 30 percent for any employee organization intervening in a decertification petition seeking to convert that decertification petition to a decertification/certification petition.

(2) In petitions for certification or decertification, or applications for intervention, the interest showing shall:

(a) Be dated and signed not more than 1 year before its submission;

(b) Contain the job classification or title of the signatory; and

(c) Contain a statement that the signatory is a member of the employee organization or has authorized it to bargain collectively on the signatory's behalf.

(3) In petitions for decertification, evidence of interest shall be as provided in §B(1) of this regulation and shall further contain a statement that the signatory no longer wishes to be represented by the certified employee organization.

C. Determination of Showing of Interest.

(1) The Employer shall submit to the Board a list of the names and job classifications of the employees in the bargaining unit requested by the petitioner.

(2) The Board shall administratively determine the sufficiency of the showing of interest upon receipt of the list.

(3) This determination, including the identification and number of signers of the showing of interest, shall be confidential and not subject to review, and parties other than the party submitting the interest showing are not entitled to copy or to examine the showing of interest.

(4) If the Employer fails to furnish the list of employees, the Board shall determine the sufficiency of the showing of interest by whatever means it deems appropriate.

(5) In election proceedings when the petitioner withdraws its petition pursuant to Regulation .01C of this chapter, when an intervenor is a party, the election may not be conducted unless the intervenor produces a 30 percent showing of interest within 30 days.

D. Notice.

(1) Upon the filing of a petition for certification or decertification, the Board shall serve, by certified mail, return receipt requested, on the Employer a copy of the petition and a notice to employees, that an election petition has been filed and setting forth the rights of employees under the Act.

(2) The notice shall be posted by the Employer in conspicuous places customarily used for the posting of information to employees.

E. Direction of Election. When an election petition is filed which conforms to this subtitle and the Act and the appropriate bargaining unit has been previously determined, an election shall be directed and conducted.

F. Intervention. When an application for intervention is filed regarding a petition for an exclusive representative determination, Regulations .03B and .04D of this chapter, and COMAR 14.32.04.01D apply.

G. Notification to Interested Employee Organizations.

(1) Within 5 days of determining that a valid petition has been submitted, the Board shall notify interested employee organizations of the pending election petition.

(2) Within 10 days of determining that a valid petition has been submitted under State Personnel and Pensions Article, §3-402, Annotated Code of Maryland, and this regulation, the Department of Budget and Management shall make available to all interested employee organizations reasonable and equivalent means to communicate by mail and in person, such as, employee home address, as provided in §G(3) of this regulation, with each employee in the appropriate bargaining unit for the purpose of soliciting the employee's vote in an election held under this chapter. The information shall be transmitted on a one-time basis and may be subject to reimbursement for reasonable time spent compiling the information, payable by the interested employee organization to the Department of Budget and Management.

(3) The interested employee organization shall bear the cost of mailing to employees, through a third party mailing house. Mailed materials shall be identified as originating from the employee organization and shall clearly state that employee addresses were made available by the Department of Budget and Management, pursuant to the Board's regulations, and in a manner that maintains confidentiality of employee addresses.