12- 180 C.M.R. ch. 11, § 5

Current through 2024-51, December 18, 2024
Section 180-11-5 - Who May File Petitions

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.

12- 180 C.M.R. ch. 11, § 5