Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 14.00 - Questions of Representation › Section 14.05 - Showing of Interest

Current through Register 1525, July 5, 2024
(1) A sufficient showing of interest is the percentage, established by 456 CMR 14.05, of employees in an alleged appropriate bargaining unit, or a unit determined to be appropriate, who have designated an employee organization as their exclusive representative or have signed a petition seeking decertification of an incumbent employee organization pursuant to 456 CMR 11.13:
Showing of Interest
.
(2) No petition filed under 456 CMR 14.03 seeking to represent a bargaining unit of employees who are not currently represented for purposes of collective bargaining shall be entertained, in the absence of uncommon or extenuating circumstances, unless the Department determines that the petitioner has been designated by at least 30% of the employees involved to act in their interest.
(3) No petition filed under 456 CMR 14.03 seeking to represent a bargaining unit of employees already represented for purposes of collective bargaining and no petition filed under 456 CMR 14.04 shall be entertained, in the absence of uncommon or extenuating circumstances, unless the Department determines that the petitioner has been designated by at least 50% of the employees involved to act in their interest.
(4) No motion to intervene filed under 456 CMR 14.18 shall be entertained, in the absence of uncommon or extenuating circumstances, unless the Department determines that the intervenor has been designated by at least 10% of the employees involved to act in their interest. However, any incumbent exclusive representative who files a motion to intervene need not comply with the requirements under 456 CMR 14.05.
(5) Authorization cards or other written evidence of a "showing of interest" (as defined in 456 CMR 11.13:
Showing of Interest
) must be submitted by the petitioner with the petition, or by the intervenor with any motion to intervene, to enable the Department to make this determination. Such evidence may not be submitted electronically or by facsimile transmission.
(6) The Department may require the employer to submit a payroll or personnel list to assist in determining whether a sufficient showing of interest has been made. If a payroll or personnel list, or any other information as may be required, is requested by the Department but is not made available by the employer, the showing of interest as submitted shall, if otherwise valid, be accepted as
bona fide
.
(7) If the Department finds that a sufficient showing of interest has not been submitted, the petitioner or intervenor shall be given written notice by the Department of that finding and shall be allowed seven days to submit a further showing of interest. This seven-day period shall not extend the times for filing a representation petition set out in 456 CMR 14.06. If a sufficient showing of interest is not timely submitted by the petitioner the Department may dismiss the petition. If a sufficient showing of interest is not timely submitted by an intervenor the Department may deny the intervenor either the opportunity to participate in or to challenge a consent election agreement between other parties, and/or the opportunity to appear on an election ballot.