Sec. 14.32.03.07. Amendment of Certification  


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  • A. Form and Content. A petition for the amendment of an exclusive representative's certification to reflect affiliation or merger may be filed by the exclusive representative, and shall be accompanied by an affidavit or affidavits establishing that:

    (1) The affiliation or merger was accomplished in accordance with the exclusive representative's constitution or bylaws, or both, consistent with the State Personnel and Pensions Article, §3-404, Annotated Code of Maryland; and

    (2) Substantial continuity of representation has been maintained.

    B. Procedures.

    (1) Notice Posting. When a petition for amendment of certification is filed pursuant to this regulation, the Board shall issue a notice of the proposed amended certification and mail copies of the proposed amendment of certification to the Employer. The Employer shall post the proposed amendment of certification, for a period of not less than 1 calendar week, in a prominent place in the main office of the Employer in places customarily used for the posting of information to employees.

    (2) Objections. Objections to the proposed amendment of certification shall be filed with the Board by the date posted in the notice of proposed decision. Objections shall be in writing and shall set out the specific grounds of objection. The objecting party must identify itself and provide a mailing address and telephone number. The Board shall promptly advise the parties of the objections and may investigate if deemed appropriate. The Board may dismiss the objection or conduct a hearing pursuant to COMAR 14.32.02.

    C. Final Decision. A final Board decision shall be reserved until expiration of the time for filing objections. If no objections have been filed, the Board shall endorse the proposed amendment of certification as final.