Code of Maryland Regulations
Title 14 - INDEPENDENT AGENCIES
Subtitle 32 - STATE LABOR RELATIONS BOARD
Chapter 14.32.03 - Bargaining Unit and Bargaining Representative Determination
Section 14.32.03.03 - Exclusive Representative Determination (Election Petitions)

(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:

(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.

(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:

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

(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.

(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.

(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.

(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.