reglab/statecodes huggingface dataset:
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 180-11-3 - When Parties Agree, Petitions Are Not Necessary

Current through 2024-29, July 17, 2024
Petitions are not necessary when the parties have agreed
					 on the composition of the bargaining unit or when the employer has agreed to
					 voluntarily recognize the bargaining agent.
1.
Agreement on Bargaining Unit
.
				  When the parties agree that certain categories of jobs constitute an
				  appropriate unit, the parties shall sign an Agreement on Appropriate Bargaining
				  Unit form (MLRB Form 1) and file it with the Board. The unit agreed to in a
				  properly-filed MLRB Form 1 may not be challenged by either party for a period
				  of one year from the date of filing with the Board. The MLRB Form 1 may be
				  modified or withdrawn by agreement of the parties at any time, as long as there
				  is no pending question concerning representation. An MLRB Form 1 submitted to
				  modify a unit should indicate that nature of the modification.
2.
Voluntary Recognition of Bargaining
				  Agent
. When the parties agree that a prospective bargaining agent
				  represents the majority of employees in an established bargaining unit, they
				  shall file a Voluntary Recognition Form (MLRB Form 3) with the Board. The
				  voluntary recognition may not be challenged for one year from the completion of
				  the posting period required by the executive director under section
				  15 of this Chapter.
3.
Notice to Employees of Agreement or
				  Recognition
. Once a voluntary recognition form or an agreement on
				  appropriate bargaining unit has been properly filed, the executive director
				  shall issue Notices to Employees of the filing. The notices must advise
				  employees of the unit agreement or voluntary recognition, generally describe
				  the rights of employees and explain the legal effect of the filing. The notices
				  must be distributed or posted by the employer in accordance with section
				  15 of this Chapter.
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 180-11-4 - Petitions Are Formal Requests for Board Action

Current through 2024-29, July 17, 2024
Petitions are formal requests for Board action. All
					 petitions must be in writing and must contain a declaration by the petitioner
					 or the petitioner's representative under penalty of law that its contents are
					 true and correct to the best of the declarant's information and
					 belief.
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 180-11-5 - Who May File Petitions

Current through 2024-29, July 17, 2024
Generally, a petition may be filed by any public employer
					 or any public employee, group of public employees or public employee
					 organization representing the employees, whether or not formally organized. The
					 specific limitations on who may file petitions are listed below.
1.
Unit Determination Petitions
.
				  A unit determination petition may be filed by an employer, an employee, a group
				  of employees or any individual or employee organization acting on their
				  behalf.
1-A.
Majority Sign-up
				  Petition
. A majority sign-up petition may be filed by an employee, a
				  group of employees or any individual or employee organization acting on their
				  behalf.
2.
Bargaining Agent
				  Election Petitions
. A bargaining agent election petition may be filed by
				  an employer, an employee, or a group of employees or any individual or employee
				  organization acting on their behalf.
3.
Decertification Election
. A
				  decertification election petition or a petition to decertify the incumbent
				  bargaining agent and elect a new bargaining agent may be filed by an employee,
				  a group of employees or any individual or employee organization acting on their
				  behalf. Neither the employer nor the incumbent bargaining agent may file a
				  decertification petition or cause a decertification petition to be
				  filed.
4.
Unit Clarification
				  Petition
. A unit clarification petition may be filed only by the
				  incumbent certified or recognized bargaining agent or the employer.
5.
Petition for Merger Election
.
				  A petition for merger election may be filed only by the employer or the
				  incumbent bargaining agent.
6.
Petition to Intervene
. A petition to intervene may be filed by an
				  organization seeking to intervene in a unit determination proceeding, a
				  majority sign-up petition a bargaining agent election or a decertification
				  election.
7.
Petition to
				  Contest Designation as Excluded Employee
. Any employee who desires to
				  contest the appropriateness of an exclusionary designation which would operate
				  or has operated to exclude that employee from the coverage of an otherwise
				  applicable Labor Relations Act may seek a determination on the appropriateness
				  of that exclusion by filing a unit determination petition.
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 180-11-6 - When to File Petitions

Current through 2024-29, July 17, 2024
The following time restrictions apply to the filing of
					 petitions with the Board.
1.
Contract Bar
. If a valid collective bargaining agreement is in
				  effect which covers any or all of the employees or positions included in the
				  petition, the unit determination petition, election petition or decertification
				  petition must be filed in the window period beginning 90 and ending 60 days
				  prior to the expiration date of that contract. A petition filed more than 90
				  days or less than 60 days prior to the expiration of the contract will be
				  dismissed. Representation proceedings properly initiated by filings during the
				  window period may be processed at any time after the filing regardless of the
				  existence of a collective bargaining agreement. If there is no collective
				  bargaining agreement in effect or the collective bargaining agreement has
				  expired and a successor agreement has not become effective, a unit
				  determination petition, an election petition or a decertification petition may
				  be filed at any time. This contract bar rule does not apply to unit
				  clarification petitions or merger petitions.
2.
Certification Bar
. No
				  question concerning representation may be raised within one year of a voluntary
				  recognition, certification by majority sign-up, certification by election or
				  attempted certification. An election in which the incumbent bargaining agent is
				  decertified and in which no other prospective bargaining agent appeared on the
				  ballot is not considered a certification or attempted certification within the
				  meaning of this rule.
3.
Limitation on Unit Clarification Petitions
. A unit clarification
				  petition may be filed only by the employer or the incumbent certified or
				  recognized bargaining agent. A unit clarification petition is not appropriate
				  unless the circumstances surrounding the formation of an existing bargaining
				  unit are alleged to have changed sufficiently to warrant modification in the
				  composition of the bargaining unit, the parties are unable to agree on
				  appropriate modifications and there is no question concerning representation.
				  Unit clarification petitions may be denied if the question raised should
				  properly be settled through the election process, or the petition requests the
				  clarification of unit placement questions which could have been but were not
				  raised prior to the conclusion of negotiations which resulted in an agreement
				  containing a bargaining unit description. Unit clarification petitions must not
				  be filed with such frequency as to constitute harassment.
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 180-11-8 - Showing of Interest and Employee Authorization

Current through 2024-29, July 17, 2024
The required showing of interest forms that accompany a
					 petition for unit determination, bargaining agent election or decertification,
					 and the required employee authorization forms that accompany a petition for
					 bargaining agent certification by majority sign-up, must be submitted to the
					 Board only. The Board will determine the adequacy of the showing of interest or
					 employee authorization based upon the estimated number of employees in the
					 proposed unit. The showing of interest forms and employee authorization forms
					 must comply with the following requirements.
1.
Form of Evidence
. The showing
				  of interest or employee authorization must consist of original separate
				  documents, with a separate document being signed by each individual prospective
				  unit employee who supports creation of the bargaining unit or representation,
				  and may be in the form of effective membership or authorization cards or
				  statements. Any form of evidence filed with the Board pursuant to this rule
				  must contain, at a minimum:
A. The signature
				  of the employee;
B. The typewritten
				  or printed name of the employee;
C. A handwritten indication of the date the
				  employee's signature was obtained; and
D. For a showing of interest, a statement
				  that the person signing desires to be represented by the petitioner for the
				  purposes of collective bargaining.
E. For an employee authorization, a statement
				  that the person signing designates the employee organization as the person's
				  bargaining representative for the purposes of collective bargaining.
Any signature which is undated or which shows that it was
					 obtained more than 6 months prior to the filing of the showing of interest or
					 employee authorization with the Board is invalid for the purposes of
					 calculating the showing of interest or employee authorization. Sample showing
					 of interest forms and employee authorization forms are available from the
					 Board.
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 180-11-9 - Review; Amendment; Action on Petition

Current through 2024-29, July 17, 2024
The executive director shall review the petition for
					 sufficiency upon filing with the Board and take action in accordance with this
					 rule.
1.
Grounds for
				  Dismissal
. The executive director shall dismiss a petition if it is not
				  filed and adequate showing of interest forms or employee authorization forms
				  are not submitted within the time periods specified by section
				  6 of this Chapter.
2.
Order to Show Cause
. At the
				  executive director's discretion, the executive director may offer a party the
				  opportunity to show cause why the petition should not be dismissed prior to
				  dismissing the petition.
3.
Permitted Amendments
. If the petition is filed in a timely manner
				  but is not complete, the executive director shall serve on the petitioner a
				  notice of errors and insufficiencies in the petition and shall provide a copy
				  of that notice to the respondent. Amendments to petitions must be made within
				  15 calendar days of service of the notice of insufficiencies. Permitted
				  amendments are effective as if made on the date the petition was
				  filed.
4.
Dismissal;
				  Appeal
. Insufficient petitions which are not amended during the time
				  period specified in paragraph 3 must be summarily dismissed by the executive
				  director, subject to appeal to the Board under section
				  30 of this Chapter. The notice of
				  appeal must state with specificity the grounds upon which the request for
				  review is based. The Board shall review the appropriateness of the summary
				  dismissal as a matter of law and may also permit evidence of a party's
				  excusable neglect regarding failure to amend. The Board shall allow oral
				  argument upon request and may require that the parties file briefs.
5.
Notification of Parties
. If
				  the petition is complete, the executive director shall transmit an official
				  copy of the petition to the respondent within 24 hours with a letter indicating
				  whether a response is required. This transmission may be made by electronic
				  means.
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 180-11-10 - Posting of Petition on Internet

Current through 2024-29, July 17, 2024
The Board shall post a true copy of each properly filed
					 petition on the Board's internet site. Insufficient petitions are not posted;
					 amended petitions must be posted on the day the curative amendment is granted.
					 The purpose of the posting is to inform the public of the filing of the
					 petition. The posted petition may not be removed until either the election is
					 held, the unit has been agreed upon by the parties, a unit determination
					 hearing has been conducted or the petition has been withdrawn.
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 180-11-11 - Response to Unit Determination Petition

Current through 2024-29, July 17, 2024
A written response to a unit determination petition must
					 be filed with the Board within 15 calendar days of the date the Board provided
					 the respondent with a copy of the petition. The response must indicate whether
					 the respondent agrees that the unit proposed by the petitioner is appropriate
					 and the basis of any objection. A copy of the response must be simultaneously
					 served on the petitioner and any other respondents. If no response is filed by
					 a respondent within the 15-day response period, or within an extension of time
					 allowed by the executive director, the respondent will be deemed to have agreed
					 to the appropriateness of the unit as proposed by the petitioner.
1.
Challenge to Showing of
				  Interest
. If the employer wishes to challenge the showing of interest,
				  the employer must include with its response an alphabetized list of all
				  employees in the classifications specified by the petitioner for inclusion in
				  any proposed unit. The alphabetized list must indicate the job classification
				  of each employee. If the employer fails to provide the list, the Board will
				  determine the adequacy of the showing of interest based upon the petitioner's
				  estimated number of employees in the proposed unit. If the employer challenges
				  the authenticity of the signatures, copies of the employees' signatures must be
				  provided for comparison by the Board.
2.
Disagreement on Appropriateness of
				  Unit
. If the respondent disagrees with any proposed unit, the response
				  must include a detailed description of the unit which it considers to be
				  appropriate. The respondent shall estimate the total number of employees in
				  that unit, state the classifications of employees sought to be included in and
				  excluded from the unit and estimate the number of employees in each
				  classification.
3.
Exclusions
				  Claimed
. If less than all positions in any specific classification are
				  proposed by the respondent to be included in or excluded from the unit, the
				  response must contain a listing and description of the positions to be included
				  and excluded together with the statutory basis for each proposed inclusion and
				  exclusion.
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 180-11-12 - Response to Unit Clarification Petition

Current through 2024-29, July 17, 2024
A written response to a unit clarification petition must
					 be filed with the Board within 15 calendar days of the date the Board provided
					 the respondent with a copy of the petition. The respondent shall file with the
					 Board a written response indicating whether it agrees with the modification
					 proposed in the petition and the basis of any objection. A copy of the response
					 must be simultaneously served on the petitioner. If no response is filed by a
					 respondent within the 15-day response period, or within an extension of time
					 allowed by the executive director, the respondent will be deemed to have agreed
					 to the modification.
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 180-11-13 - Response to Election Petition or Decertification Petition

Current through 2024-29, July 17, 2024
A party wishing to object to the filing of a bargaining
					 agent election petition or a decertification election petition must do so
					 within 5 working days of the date the Board provided an official copy of the
					 petition to the respondent. If no response is filed by a respondent within the
					 5-day response period, the election will be scheduled. The permissible
					 objections are limited to the following:
1.
Objection to Timeliness of
				  Filing
. A party may object to the petition on the basis that the
				  executive director incorrectly determined that the petition was filed within
				  the time frames established by section
				  6 of this Chapter. A party making such
				  an objection must submit evidence supporting a reversal of the initial finding,
				  such as a copy of an applicable collective bargaining agreement.
2.
Objection to Showing of
				  Interest
. A party may object to the petition based upon a good faith
				  doubt of the sufficiency of the showing of interest submitted. Any party making
				  such an objection shall file with the objection an alphabetized list of the
				  employees in the bargaining unit. The executive director will verify the
				  contents of the list with the employer if it was submitted by a party other
				  than the employer. If a party challenges the authenticity of the signatures,
				  copies of the employees' signatures must be provided by the employer for
				  comparison by the Board.
3.
Objection to Continued Appropriateness of the Bargaining Unit
. If
				  there has not been any collective bargaining activity in the bargaining unit
				  for five or more years, that is, there has been no contract in effect for over
				  5 years and no negotiation sessions or attempts to negotiate have occurred, the
				  employer may respond to an election petition by objecting to the continued
				  appropriateness of the bargaining unit and requesting a unit determination
				  hearing. If the bargaining unit has been inactive for less than 5 years and is
				  unrepresented at the time the petition is filed, the employer may respond by
				  objecting to the appropriateness of the bargaining unit only if the employer
				  alleges that there has been a substantial change in the circumstances since the
				  expiration of the last collective bargaining agreement that warrants
				  modification of the unit. The employer's response must include a description of
				  the changed circumstances affecting the continued appropriateness of the
				  bargaining unit and a description of the unit it considers
				  appropriate.
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 180-11-14 - Notices of Hearing and Notices of Election

Current through 2024-29, July 17, 2024
Once a response is received or the period for filing a
					 response has expired, the executive director shall schedule an election or a
					 unit hearing or other type of representation hearing, if a hearing is necessary
					 to resolve the dispute. The executive director shall issue Notices to employees
					 and distribute them as provided by this rule.
1.
Notice of Hearing
. When a
				  unit determination hearing or other type of representation hearing is
				  scheduled, the executive director shall prepare a Notice of Hearing for
				  delivery to the parties and posting by the employer. The Notice must advise
				  employees that a petition was filed and must include a statement of the time,
				  place and nature of the hearing, the names of the parties as determined by the
				  executive director and a statement of the unit claimed to be appropriate by the
				  petitioner, by the employer and by any intervenors. The Notice must generally
				  describe the method by which the matter will be resolved, the rights of
				  employees and the opportunity for employees to participate in the
				  proceeding.
2.
Notice of
				  Election
. When a bargaining agent election or decertification election
				  is scheduled, the executive director shall prepare a Notice of Election for
				  posting by the employer that contains the information required by section
				  44 of this Chapter. The notices must
				  advise employees of the pendency of the bargaining agent election petition and
				  the period within which intervention petitions may be filed, and must generally
				  inform employees of their rights.
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 180-11-15 - Posting of Notices by Employer

Current through 2024-29, July 17, 2024
Whenever the executive director prepares a notice under
					 this Chapter, the executive director shall administratively determine whether
					 the employer shall post the notices or forward them to all affected employees
					 by postpaid first class mail, electronic mail or by other acceptable means. The
					 executive director shall specify the places and periods of posting, and the
					 manner of determining the date of its commencement. The posting period may not
					 be less than 7 calendar days, except for extraordinary circumstances. The
					 employer shall take reasonable precautions to ensure that posted notices are
					 not altered, covered, defaced or removed before the completion of the posting
					 period and shall notify the executive director of satisfaction of the posting
					 requirements.
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 180-11-16 - Posting of Notices at MLRB Offices and on Internet

Current through 2024-29, July 17, 2024
Any notice prepared under this Chapter and distributed to
					 an employer must also be posted on the Board's internet site.
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 180-11-17 - Petitions to Intervene

Current through 2024-29, July 17, 2024
A petition to intervene in a previously requested unit
					 determination proceeding, majority sign-up petition, bargaining agent election
					 or decertification election must meet the requirements set forth in this
					 rule.
1.
Form and Filing for
				  Intervention
. A petition to intervene must conform to the requirements
				  of section
				  7 of this Chapter, subsections
				  1 through
				  8.
2.
Showing of Interest
. The
				  petition must be accompanied by written evidence that at least 10 percent of
				  the employees in the unit proposed in the petition which initiated the
				  proceedings desire to be represented by the intervention petitioner for the
				  purposes of collective bargaining. This showing of interest evidence must be
				  filed with the Board only and is subject to the requirements of section
				  8 of this Chapter.
3.
Time of Filing
. A petition to
				  intervene in a unit determination proceeding, a majority sign-up petition, a
				  bargaining agent election or a decertification election must be filed no later
				  than 10 calendar days after the date of posting of the Notice of Hearing or
				  Notice of Election required by section
				  14 or the Notice to Employees required
				  by section 12-A of this Chapter.
4.
Review of Petition
. The executive director shall administratively
				  examine the petition to intervene and its supporting documents for compliance
				  with the pertinent statutory and rule requirements and take appropriate action,
				  which may include granting or dismissing the petition.
5.
Notification to Parties
. If
				  the petition is complete, the executive director shall transmit an official
				  copy of the petition to the other parties within 24 hours with a letter
				  indicating whether a response is required. This transmission may be made by
				  electronic means.
6.
Posting
				  of Petition
. The Board shall post a true copy of each granted petition
				  to intervene on the Board's internet site in accordance with section
				  10 of this Chapter.
7.
Withdrawal of Initial
				  Petition
. Withdrawal of the initial unit determination petition,
				  majority sign-up petition or election petition does not affect the processing
				  of a timely-filed petition for intervention where the intervenor successfully
				  supplements its showing of interest or employee authorization so as to
				  constitute at least a 30 percent showing. The executive director shall specify
				  a reasonable time period for such supplementation. Originally filed cards or
				  forms are considered current for the purposes of supplementation.
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 180-11-18 - 20 - Reserved

Current through 2024-29, July 17, 2024
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 11 - BARGAINING UNIT COMPOSITION AND REPRESENTATION MATTERS › UNIT DETERMINATION AND UNIT CLARIFICATION HEARINGS AND APPEALS › Section 180-11-21 - Notice of Unit Hearing

Current through 2024-29, July 17, 2024
If necessary to resolve the dispute over the composition
					 of the bargaining unit, the executive director may hold an evidentiary hearing.
					 When a hearing is scheduled, a Notice of Hearing must be issued and distributed
					 in accordance with section
					 14 of this Chapter. The Notice of
					 Hearing and any amendments to it must be posted on the Board's internet site
					 and a copy mailed or electronically transmitted to any person or organization
					 that has previously requested notice of all proceedings on the
					 petition.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 11 - BARGAINING UNIT COMPOSITION AND REPRESENTATION MATTERS › UNIT DETERMINATION AND UNIT CLARIFICATION HEARINGS AND APPEALS › Section 180-11-22 - Criteria for Appropriate Bargaining Units

Current through 2024-29, July 17, 2024
In determining whether a particular position should be
					 included in a unit or whether a proposed unit is appropriate, the hearing
					 examiner is required to apply the specific provisions in the Act governing the
					 employees in question.
1.
Excluded Employees
. Persons who are excluded from the definition
				  of employee under the applicable Act, 26 M.R.S.A. §962(6), §979-
				  A(6), §1022(11) or §1282(5), may not be included in a bargaining
				  unit.
2.
Units Established by
				  Statute
. Bargaining units at the University of Maine System, the Maine
				  Maritime Academy and the Maine Community College System must conform to the
				  units established in 26 M.R.S.A. §1024-A to the extent required by that
				  section.
3.
Community of
				  Interest
. In determining whether a community of interest among employees
				  exists, the hearing examiner shall, at a minimum, consider the following
				  factors:
A. Similarity in the kind of work
				  performed;
B. Common supervision
				  and determination of labor relations policy;
C. Similarity in the scale and manner of
				  determining earnings;
D.
				  Similarity in employment benefits, hours of work and other terms and conditions
				  of employment;
E. Similarity in
				  the qualifications, skills and training of employees;
F. Frequency of contact or interchange among
				  the employees;
G. Geographic
				  proximity;
H. History of
				  collective bargaining;
I. Desires
				  of the affected employees;
J.
				  Extent of union organization; and
K. The employer's organizational
				  structure.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 11 - BARGAINING UNIT COMPOSITION AND REPRESENTATION MATTERS › UNIT DETERMINATION AND UNIT CLARIFICATION HEARINGS AND APPEALS › Section 180-11-23 - Conduct of Hearing

Current through 2024-29, July 17, 2024
The executive director shall conduct the hearing, if a
					 hearing is held. The executive director may order the consolidation of
					 petitions for hearing. As hearing examiner, the executive director has the
					 power to administer oaths and to require by subpoena the attendance and
					 testimony of witnesses, the production of books, records and other evidence
					 relevant to issues raised by a unit determination petition, a unit
					 clarification petition or responses to the petition. The hearing examiner may
					 also require the submission of written statements of fact, position or law
					 prior to hearing. Any party may file a written application for subpoenas with
					 the executive director in accordance with Chapter 12, §
										17. Witnesses subpoenaed by the Board
					 are entitled to the same fees as are paid to witnesses in the Superior Court. A
					 person served with a subpoena issued by the executive director may not refuse
					 or neglect to appear or to testify or to produce books and papers relevant to
					 the investigation, inquiry or hearing as commanded in that subpoena. Upon
					 failure of any party to comply with a subpoena, the executive director may,
					 absent constitutional, statutory or other privilege, disregard all related
					 evidence offered by that party.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 11 - BARGAINING UNIT COMPOSITION AND REPRESENTATION MATTERS › UNIT DETERMINATION AND UNIT CLARIFICATION HEARINGS AND APPEALS › Section 180-11-24 - Nature of Hearing

Current through 2024-29, July 17, 2024
The purpose of the hearing is to develop a full and
					 complete factual record. Each party bears the responsibility of producing
					 evidence to support its contentions regarding the description of an appropriate
					 unit or the proposed clarification. All testimony offered must be taken under
					 oath or affirmation. A hearing transcript will be prepared for the Board and
					 made available to the parties pursuant to Chapter 10, section
					 9.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 11 - BARGAINING UNIT COMPOSITION AND REPRESENTATION MATTERS › UNIT DETERMINATION AND UNIT CLARIFICATION HEARINGS AND APPEALS › Section 180-11-25 - Rules Regarding Evidence

Current through 2024-29, July 17, 2024
The strict rules of evidence observed by courts do not
					 apply to representation hearings. The following rules regarding evidence
					 apply:
1.
Evidence
. The
				  hearing examiner shall admit evidence if it is the kind upon which reasonable
				  persons are accustomed to rely in the conduct of serious affairs. Irrelevant or
				  unduly repetitive evidence may be excluded.
2.
Rules of Privilege
. The
				  hearing examiner shall observe the rules of privilege recognized by
				  law.
3.
Written Evidence;
				  Exception
. No sworn written evidence may be admitted unless the author
				  is available for cross-examination or subject to subpoena, except for good
				  cause shown.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 11 - BARGAINING UNIT COMPOSITION AND REPRESENTATION MATTERS › UNIT DETERMINATION AND UNIT CLARIFICATION HEARINGS AND APPEALS › Section 180-11-26 - Rights of Parties

Current through 2024-29, July 17, 2024
Any party to the hearing shall have the right to be
					 represented by counsel or by other representative, to examine and cross-examine
					 witnesses and to offer documentary and other evidence. Stipulations may be
					 offered with respect to any issue. Parties may request the issuance of
					 subpoenas. The rules and procedures governing the issuance of subpoenas are set
					 forth in Chapter 12, §
										17. The hearing examiner shall allow
					 oral argument upon request and, after consultation with the parties, may
					 require briefs to be submitted. Any brief permitted to be filed must be filed
					 in accordance with the filing requirements of Chapter 10, section
					 7. A copy of any brief filed with the
					 Board must simultaneously be served on all parties to the
					 matter.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 11 - BARGAINING UNIT COMPOSITION AND REPRESENTATION MATTERS › UNIT DETERMINATION AND UNIT CLARIFICATION HEARINGS AND APPEALS › Section 180-11-27 - Ex Parte Communications Prohibited

Current through 2024-29, July 17, 2024
No party or other person legally interested in the outcome
					 of a hearing may communicate
ex parte
either directly or
					 indirectly with the hearing examiner assigned to the case, in connection with
					 any issue of fact, law or procedure.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 11 - BARGAINING UNIT COMPOSITION AND REPRESENTATION MATTERS › UNIT DETERMINATION AND UNIT CLARIFICATION HEARINGS AND APPEALS › Section 180-11-28 - Report and Order

Current through 2024-29, July 17, 2024
The hearing examiner shall render a report and order
					 within a reasonable time either dismissing the petition in whole or in part or
					 clarifying the unit, determining requests for exclusionary designations,
					 determining an appropriate unit and directing an election or designating the
					 organizations to appear on the ballot. If the report and order establishes a
					 bargaining unit different from that proposed, the hearing examiner may require
					 the supplementation of the showing of interest forms or employee authorization
					 forms prior to scheduling an election or certifying a bargaining agent by
					 majority sign-up. The hearing examiner may also take other appropriate
					 action.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 11 - BARGAINING UNIT COMPOSITION AND REPRESENTATION MATTERS › UNIT DETERMINATION AND UNIT CLARIFICATION HEARINGS AND APPEALS › Section 180-11-29 - Misconduct at a Hearing; Refusal of Witness to Answer Questions

Current through 2024-29, July 17, 2024
Misconduct at a unit hearing is subject to the sanctions
					 provided in Chapter 12, section
					 24.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 11 - BARGAINING UNIT COMPOSITION AND REPRESENTATION MATTERS › ELECTIONS OF BARGAINING AGENT AND DECERTIFICATION ELECTIONS › Section 180-11-41 - Election Procedures Same

Current through 2024-29, July 17, 2024
The election procedures established by this chapter apply
					 to all representation elections conducted by the Board. Decertification
					 election procedures and requirements are the same regardless of whether the
					 bargaining agent facing challenge was certified by the Board or attained its
					 status through voluntary recognition. Questions of representation raised by an
					 election petition and a decertification petition for the same bargaining unit
					 must be resolved in one election.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 11 - BARGAINING UNIT COMPOSITION AND REPRESENTATION MATTERS › ELECTIONS OF BARGAINING AGENT AND DECERTIFICATION ELECTIONS › Section 180-11-42 - Form of Elections

Current through 2024-29, July 17, 2024
The executive director shall conduct all elections by
					 secret ballot, at times and places and in such manner as the executive director
					 may direct. When determining the method of voting and the selection of polling
					 sites, the executive director shall consider the total number of eligible
					 voters, the nature and geographic location of the work stations of eligible
					 voters, the number of eligible voters at each work station, and the expressed
					 desire of the parties, if any. The executive director may require the parties
					 to attend a pre-election conference or participate in a telephone conference
					 call to give relevant information upon which to base a decision regarding the
					 date, time, place and manner of the election or to ascertain the identity of
					 eligible voters. The determination of all disputed questions by the executive
					 director regarding the date, time, place and manner of the election may be
					 appealed to the Board within 5 working days of that ruling or determination, in
					 accordance with section
					 54 of this Chapter.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 11 - BARGAINING UNIT COMPOSITION AND REPRESENTATION MATTERS › ELECTIONS OF BARGAINING AGENT AND DECERTIFICATION ELECTIONS › Section 180-11-43 - Voter Eligibility

Current through 2024-29, July 17, 2024
The employees eligible to vote are those who were employed
					 on the last pay date prior to the filing of the petition, who are employed on
					 the date of the election, and who meet the applicable requirements defining
					 covered employees set forth in 26 M.R.S.A. §§962(6), 979- A(6),
					 1022(11) or 1282(5). Employees not working on election day because of illness,
					 vacation, leave of absence or other reason are eligible to vote if they have a
					 reasonable expectation of continued employment. If the period of time between
					 the date of the filing of the petition and the date of the election exceeds 6
					 months, the employees eligible to vote are those otherwise eligible employees
					 who have been employed at least 6 months and who are employed on the date of
					 the election.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 11 - BARGAINING UNIT COMPOSITION AND REPRESENTATION MATTERS › ELECTIONS OF BARGAINING AGENT AND DECERTIFICATION ELECTIONS › Section 180-11-44 - Voter List

Current through 2024-29, July 17, 2024
At least 15 calendar days prior to the election or prior
					 to the distribution of ballots for any election to be conducted by mail, or 7
					 calendar days following receipt of the Notice of Election, whichever is
					 earlier, the employer shall actually deliver to each labor organization that is
					 a party to the proceeding and to any individual petitioner a list of the names
					 and addresses of the employees in the unit who are employed at the time of the
					 submission of the list and who are otherwise eligible to vote under section
					 43 of this Chapter. A copy of this
					 voter list must also be simultaneously filed with the Board. If the period of
					 time between the date of the filing of the petition and the date of the
					 election exceeds 6 months, then the list must contain the names and addresses
					 of otherwise eligible employees who have been employed at least six months and
					 who are employed on the date of the election. In case of mail balloting, the
					 Board may accept pre-addressed, gummed labels from the employer in satisfaction
					 of this requirement. In large units, if the employer is not able to provide
					 pre-addressed labels, the Board may demand the list of eligible voters up to 20
					 calendar days prior to the date of mail ballot distribution.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 11 - BARGAINING UNIT COMPOSITION AND REPRESENTATION MATTERS › ELECTIONS OF BARGAINING AGENT AND DECERTIFICATION ELECTIONS › Section 180-11-45 - Notice of Election

Current through 2024-29, July 17, 2024
At least 15 calendar days prior to the election, or prior
					 to the distribution of ballots for any election to be conducted by mail, the
					 executive director shall prepare and distribute a Notice of Election. The
					 Notice of Election must specify the classifications or categories of employees
					 in the bargaining unit for which the election is to be conducted, rules
					 concerning eligibility to vote, the choices presented to the voter, and a
					 sample ballot. For a mail-ballot election, the notice must indicate the date
					 the ballots will be mailed or distributed to the prospective voters, the date
					 and time the ballots will be counted and the latest date and time by which the
					 completed ballots must be received at the offices of the Board in order to be
					 counted. For an on-site election, the notice must specify the dates and polling
					 places for the election and the hours the polls will be open. The notice may
					 contain additional information and instructions as the executive director may
					 consider appropriate.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 11 - BARGAINING UNIT COMPOSITION AND REPRESENTATION MATTERS › ELECTIONS OF BARGAINING AGENT AND DECERTIFICATION ELECTIONS › Section 180-11-46 - Posting of Notice of Election

Current through 2024-29, July 17, 2024
Copies of the Notice of Election and the sample ballot
					 must be sent to all employee organizations appearing on the ballot and to the
					 employer. A copy of the Notice of Election and the sample ballot must be posted
					 at the offices of the Board at least 15 calendar days prior to the election.
					 The employer shall post the Notice of Election and the sample ballot provided
					 by the Board for at least 10 calendar days prior to the election or the
					 distribution of mail ballots. Supplemental or amended Notices of Election and
					 sample ballots must be posted by the employer upon receipt. The employer shall
					 post the notices and sample ballots at all work locations where notices are
					 customarily posted for the benefit of employees in the sought-after bargaining
					 unit. This posting requirement may be modified by mutual written agreement of
					 all parties filed with and approved by the executive director. The executive
					 director may tailor the posting requirements in such a way as to provide
					 adequate notice to employees. The employer shall take reasonable precautions to
					 ensure that the notices and sample ballots are not altered, covered, defaced or
					 removed before the completion of the election.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 11 - BARGAINING UNIT COMPOSITION AND REPRESENTATION MATTERS › ELECTIONS OF BARGAINING AGENT AND DECERTIFICATION ELECTIONS › Section 180-11-47 - Ballot Format

Current through 2024-29, July 17, 2024
The executive director shall prepare and distribute
					 official ballots. Ballots must contain the name of each representative and the
					 choice of "no representative." The incumbent bargaining agent, if any, will
					 automatically appear on the ballot as the first alternative. The order of
					 appearance on the ballot of other alternatives is determined by the
					 chronological order of filing or appearance in the records of the Board. In a
					 runoff election, the order of appearance on the ballot is determined by the
					 order of appearance on the ballot at the prior inconclusive election. The
					 format of the official ballot is the same whether the election is conducted on
					 site or by mail.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 11 - BARGAINING UNIT COMPOSITION AND REPRESENTATION MATTERS › ELECTIONS OF BARGAINING AGENT AND DECERTIFICATION ELECTIONS › Section 180-11-49 - Elections in School Units During Summer

Current through 2024-29, July 17, 2024
If an election in a school bargaining unit composed
					 primarily of persons employed during the school year only is scheduled to occur
					 during the summer break, the election may be delayed until the reopening of the
					 school at the discretion of the executive director.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 11 - BARGAINING UNIT COMPOSITION AND REPRESENTATION MATTERS › ELECTIONS OF BARGAINING AGENT AND DECERTIFICATION ELECTIONS › Section 180-11-50 - Challenged Ballots

Current through 2024-29, July 17, 2024
Any prospective voter may be challenged for cause. A
					 challenged voter must be permitted to vote in the following manner: The ballot
					 must be sealed by the challenged voter in an envelope marked only "Secret
					 Ballot." That "Secret Ballot Envelope" must be sealed by the challenged voter
					 in a separate "Challenged Ballot Envelope" on which the voter is identified and
					 the cause of challenge disclosed. The employee shall then report to the Board
					 election agent conducting the election, and must then be allowed to put the
					 "Challenged Ballot Envelope" into the container with the regularly cast
					 ballots. In a mail ballot election, the Board agent shall write on the outer
					 mail envelope the cause of the challenge and set the challenged ballot aside.
					 If the challenged ballots are insufficient in number to affect the result of
					 the election, no determination with respect to them may be made. If the
					 challenged ballots are sufficient in number to affect the result of the
					 election, the executive director shall resolve the challenge. If the executive
					 director concludes that a hearing is necessary to resolve the challenge, the
					 hearing procedures provided in sections
					 21 to
					 30 apply.