An employer may file a representation petition with the Division if it believes that one or more employee organizations claim to represent a substantial number of employees in a bargaining unit. The petition must contain the informat ion requested in 456 CMR 14.02. The employer must demonstrate to the Division "objective considerations" that create a good faith doubt about the incumbent union's continuing majority status in the unit. By "objective," the standard implies factual, demonstrable evidence, not mere speculation or conjecture. If there is no recognized or certified employee organization, the Division may permit an employee organization to intervene if it can meet either of the following criteria: 1) If it is named by the employer as one of the organizations demanding recognition; or 2) if it meets the requirements for intervening under 456 CMR 12.03. If there is an incumbent employee organization, no other organization should be permitted to intervene. If there is no certified or recognized bargaining representative, there is no timeliness requirement for employer-initiated petitions. If there is an incumbent employee organization, normally no employer initiated petition will be entertained during the certification year or within the recognition year. Furthermore, absent good cause, the petition must be filed during the open period.
1.2.2. Employee Organizations
The petition must include information as requested in 456 CMR 14.03 and be accompanied with a showing of interest. See Section 1.4. The employee organization must be in compliance with Sections 13 and 14 of Chapter 150E. See Section 1.6.
The petition must include information as requested in 456 CMR 14.04 and be accompanied with a showing of interest. See Section 1.4. If employees are seeking to decertify an incumbent employee organization claiming that it no longer has the support of a majority of the employees in the unit, the petition must be accompanied by a fifty (50) per cent showing of interest stating that the employees in the bargaining unit no longer desire to have the incumbent employee organization act as their exclusive bargaining representative. 456 CMR 14.05(2). Only the employee organization, the employees petitioning, and the employer are permitted to participate in a decertification proceeding. The ballot in a decertification election is a "YES" or "NO" ballot, asking employees to indicate whether they still desire to be represented by the incumbent employee organization. Other employee organizations having an interest in the same unit of employees must file a timely representation petition or await the results of the decertification vote. The election year bar will be in effect if the employees vote to decertify. See Section 1.10.3.
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