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14.30.04.00.htm 14.30.04.00. Title 14 INDEPENDENT AGENCIES Subtitle 30 STATE HIGHER EDUCATION LABOR RELATIONS BOARD Chapter 04 Petitions Authority: State Personnel and Pensions Article, §3-2A-05―3-2A-07; State Government Article, §10-304; Annotated Code of Maryland
14.30.04.01.htm 14.30.04.01. 01 Filing a Petition.. A petition may be filed by:. A. Any public employee;. B. Any group of public employees;. C. Any organization of public employees regardless of whether it is formally organized, on behalf of an individual or a group;D. An individual; or. E. An employer.
14.30.04.02.htm 14.30.04.02. 02 When to File the Petition.. A petition may be filed at any time, provided that no election for a bargaining unit may be held for a bargaining unit within 2 years following the date of a previous election for the bargaining unit.
14.30.04.03.htm 14.30.04.03. 03 How to File a Petition.. The original and five copies of a petition or amended petition shall be filed with the Executive Director. The petitioner shall make and maintain a true copy of a petition or amended petition.
14.30.04.04.htm 14.30.04.04. 04 Form of Petition.. A. Every petition shall be in writing and shall contain:. 1) The name, address, and telephone number of the petitioner and any representative for correspondence other than the petitioner;2) The purpose for the petition;. 3) The bargaining unit involved in the petition;. 4) A copy of the most current or recent collective bargaining agreement, if any;. 5) The known names, addresses, and telephone numbers of any employee organization other than the pet
14.30.04.05.htm 14.30.04.05. 05 Showing-of-Interest Forms.. A. The Executive Director shall determine the adequacy of the showing of interest based on the number of eligible employees in the proposed unit by comparing the showing-of-interest form with the eligibility list provided by the employer.B. Content of Form.. 1) Each showing-of-interest form shall be an original separate document for each eligible employee in the appropriate bargaining unit who supports representation by the petiti
14.30.04.06.htm 14.30.04.06. 06 Evaluation of Showing-of-Interest Forms.. A. The employer shall furnish the Executive Director a list of the employees in each bargaining unit not later than 2 days after a petition for election is filed for that bargaining unit. The list of employees shall:1) List the name and address of every employee in the bargaining unit extending back to the end of the last pay period before the presentation of the petition;
14.30.04.07.htm 14.30.04.07. 07 Sufficiency, Amendment, and Action on Election Petitions and Petitions to Intervene.. A. Within 10 days after an election petition or petition to intervene is filed, the Executive Director shall determine the sufficiency of the petition based upon compliance with the requirements of this chapter, and shall, upon review of an election petition, take one of the following actions:1) Declare the petition valid;. 2) In the discretion of the Executive Director, se
14.30.04.08.htm 14.30.04.08. 08 Hearing.. A petitioner or employer aggrieved by a determination of the Executive Director under this chapter may request a hearing under COMAR 14.30.11 if the request for a hearing is within 10 days of receipt of the notice of the determination.
14.30.04.09.htm 14.30.04.09. 09 Posting of Petitions.. As soon as practicable, but not later than 5 days of a determination that an election petition is valid, the Executive Director shall post a true copy of the petition on the Board's official bulletin board, and on the Board's Internet site, showing the date of posting. Posting of a petition under this regulation constitutes notice of a proceeding to interested employee organizations for purposes of Regulation .07 of this chapter. A posted electio
14.30.04.10.htm 14.30.04.10. 10 Unit Clarification, Contest of Unit Designation―Existing Bargaining Units.. A. Petition. A petition filed to clarify or contest exclusions from or inclusion in an existing unit may be filed by the employer, the certified representative of the affected bargaining unit, or an affected employee, and shall be in the same form and contain the same information, as appropriate, required in COMAR 14.30.04 and shall include:1) A description of the existing unit; and. 2) A statement of:.
14.30.04.11.htm 14.30.04.11. 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 decer
14.30.04.12.htm 14.30.04.12. 12 Petition for Declaratory Ruling.. Any interested person may petition the Board for a declaratory ruling with respect to the manner in which the Board would apply any regulation, order, or statute enforceable by the Board to any person or property on the facts set forth in the petition.
14.30.04.9999.htm 14.30.04.9999. Administrative History Effective date: April 1, 2002 (29:6 Md. R. 568). Regulation .04F amended effective December 22, 2003 (30:25 Md. R. 1850). Regulation .10 adopted as an emergency provision effective December 23, 2002 (30:13 Md. R. 852) adopted permanently effective September 29, 2003 (30:19 Md. R. 1334)Regulation .11 adopted as an emergency provision effective December 23, 2002 (30:13 Md. R. 851) adopted permanently effective September 29, 2003 (30:19 Md. R. 1334)
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