Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 11 - BARGAINING UNIT COMPOSITION AND REPRESENTATION MATTERS › REPRESENTATION PETITIONS: PETITIONS TO CREATE OR MODIFY BARGAINING UNITS AND PETITIONS TO HOLD BARGAINING AGENT ELECTIONS › Section 180-11-7 - Contents of Petition

Current through 2024-29, July 17, 2024
The petition must be filed with the Board in accordance
					 with the filing requirements of Chapter 10, section 7. Petition forms are
					 available from the Board. The petition must contain:
1.
Petitioner's Name
. The name,
				  address and telephone number of the petitioner and any representative for
				  correspondence other than the petitioner.
2.
Employer's Name
. The name and
				  address of the employer of the affected employees and the name, address and
				  phone number of a representative of the employer authorized to receive notices
				  or requests for information, if known by the petitioner.
3.
Bargaining Unit Description
.
				  A description of the existing collective bargaining unit or the unit claimed to
				  be appropriate and the estimated total number of employees in that unit. The
				  description must include the job classifications of employees included in or
				  excluded from the existing or proposed unit and an estimate of the number of
				  employees in each included classification. If less than all positions in any
				  specific job classification are proposed to be included or excluded from the
				  unit, the description must include a listing of the positions to be included
				  and excluded.
4.
Collective
				  Bargaining Agreement
. A copy of the current or most recent collective
				  bargaining agreement covering the bargaining unit, if any.
5.
Name of Employee
				  Organizations
. The names, addresses and telephone numbers of any
				  employee or employee organization other than the petitioner claiming to
				  represent any of the employees in the proposed unit and a copy of each written
				  agreement covering any employee in that unit.
6.
Name of Proposed Bargaining
				  Agent
. The name of the prospective bargaining agent as it will appear on
				  the ballot, if election is requested.
7.
Other facts
. Any other facts
				  relevant to the petition.
8.
Remedy Sought
. A statement of the action or remedy sought from the
				  Board.
9.
Employer
				  Petition
. A petition for unit determination or bargaining agent election
				  submitted by the employer must include a statement that one or more employees
				  or employee organizations have presented to it a claim to be recognized as the
				  representatives in a bargaining unit.
10.
Agreement Attempted
. A
				  petition for unit determination submitted by either the employer­, an
				  employee or an employee organization must state that the parties are unable to
				  agree on an appropriate bargaining unit.
11.
Showing of Interest
. A
				  petition for unit determination, bargaining agent election, or decertification
				  submitted by an employee or employee organization must be accompanied by
				  showing of interest forms from 30 percent of the employees in the proposed or
				  existing bargaining unit. If both a unit determination and a bargaining agent
				  election are sought, the same showing of interest forms may be used for both
				  purposes.
11-A.
Employee
				  Authorization
. A petition for bargaining agent certification by majority
				  sign-up submitted by an employee, group of employees or any individual or
				  employee organization acting on their behalf must be accompanied by employee
				  authorization forms from a majority of the employees in the proposed or
				  existing bargaining unit. If both a unit determination and a majority sign-up
				  certification are sought, the employee authorization forms may be used in place
				  of the showing of interest forms.
12.
Unit Clarification Petition
.
				  A unit clarification petition must include a listing of the job classifications
				  to be added or removed from the unit and an allegation that since the formation
				  of the unit the circumstances have changed enough to warrant modification of
				  the unit. The petition must also include a brief description of the nature of
				  the changed circumstances and a statement that the parties are unable to agree
				  on modifications. Showing of interest forms are not necessary for unit
				  clarification petitions.
13.
Petition to Contest Designation as Excluded Employee
. A petition
				  to contest designation as an excluded employee must include items specified in
				  subsections 1, 2,
				  4 and
				  5 above and must include a statement of
				  the specific facts upon which the dispute regarding the exclusion is based. No
				  showing of interest is required.