Code of Maryland Regulations
Title 14 - INDEPENDENT AGENCIES
Subtitle 32 - STATE LABOR RELATIONS BOARD
Chapter 14.32.04 - Elections
Section 14.32.04.02 - Withdrawal from General Representation Election
Universal Citation: MD Code Reg 14.32.04.02
Current through Register Vol. 51, No. 6, March 22, 2024
A. Before Election; Before Issuance of Order for Election Agreement; Without Prejudice. If a request is received prior to the issuance of the order for election, the request shall be granted without prejudice to a later filing of a new petition by the petitioner.
B. Before Election; After Issuance of Order for Election Agreement; Prejudice Possible.
(1) Election Petition or Petitioner, Sole Union Involved. If, after the issuance of an order for election agreement, but before the holding of the election, the petitioning employee organization, the sole employee organization involved, requests timely withdrawal of its petition, the request shall be approved with 1-year prejudice and the election shall be canceled.
(2) Intervenor Desires Election.
(a) If a petitioning employee organization seeks to withdraw the petition after issuance of an order for election, and there is an intervening employee organization that desires the election be held, the intervening employee organization shall submit a petitioner's showing of interest of 30 percent in the unit involved within thirty days of petitioner's submission of intent to withdraw.
(b) Upon proper submission by the intervenor, the petitioner shall be dropped from the ballot with prejudice applied, and the election, with the intervenor alone on the ballot, shall be held in accordance with a revised final order for election.
(c) If the intervenor requests to withdraw after the new election order, the election shall be canceled and the request shall be approved with 1-year prejudice.
(3) Decertification Petition.
(a) A timely withdrawal request filed by the decertification petitioner after the issuance of an order of election shall be approved and granted without prejudice.
(b) If an intervenor other than a certified or recognized incumbent union desires an election, and has, or can obtain within 30 days of a Board order recognizing the withdrawal, a petitioner's showing of interest of 30 percent, the election shall be held as scheduled.
C. Prejudice Period.
(1) Good Cause.
(a) A withdrawal with prejudice shall carry the condition that it is granted with prejudice to the filing of a new petition encompassing the same or substantially the same unit of employees involved for 1 year, unless good cause is shown why the Board should entertain a new petition filed prior to the expiration date of the period.
(b) Prejudice runs only to the withdrawee and does not preclude petitions filed by other labor organizations.
(2) Intervention During Prejudice Period. Even though an employee organization subject to prejudice under this section may not file a petition during a given period of prejudice in the absence of good cause, it may nevertheless intervene during the period in any petition filed by another employee organization and may participate to the extent of its showing of interest.
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